Key Takeaways:
- Property owners are responsible for NYC sidewalks. In most cases, NYC property owners are responsible for maintaining adjacent sidewalks. A property owner might be responsible for your injuries if they breached their duty.
- The city is liable in some situations. You can sue NYC if you fell on government-owned property and the city received prior written notice about the defect.
- You have only 90 days to file a notice of claim against the city. If the city is responsible, you must act fast and file a notice of claim before the 90-day deadline runs out, or your case may simply be dismissed.
Imagine walking down a New York City sidewalk when your foot catches on a large crack in the concrete. The result: significant injuries requiring expensive surgery and weeks off work.
Faced with bills and wage losses, you wonder who’s responsible for your damages. Is it the city that maintains public sidewalks, or the property owner next to where you fell?
New York has specific rules about sidewalk liability that differ from most other US cities. Understanding these rules is essential if you want to recover damages for your injuries.
What Makes NYC Sidewalk Law Different?
In most cities, municipalities maintain sidewalks, and they can also be held accountable when defects cause injuries. New York City changed this arrangement in 2003 with Administrative Code §7-210, which transferred liability for most sidewalk accidents from the city to those owning property adjacent to the sidewalk.
The idea behind the law is that property owners benefit from sidewalks in front of their buildings, so they should make the effort to maintain them. While this shift has saved the city millions in injury claims, it places the burden on landlords and commercial property owners.
However, some exceptions remain where the city is still liable. This creates confusing situations for injury victims trying to figure out who is responsible and who they can sue in a personal injury lawsuit.
When Are Property Owners Liable for Sidewalk Accidents?
Administrative Code §7-210 holds property owners responsible for maintaining sidewalks directly adjacent to their buildings. So if you trip and fall on a defective sidewalk, the owner of the neighboring property is typically liable for your injuries.
Property-owner liability typically applies to falls involving:
- Cracked or broken concrete
- Uneven pavement with height differences
- Missing sidewalk concrete slabs
- Tree roots that buckled the sidewalk
- Improperly installed sidewalk repairs
- Snow and ice accumulation
Property owners must keep sidewalks safe and repair defects within a reasonable time after learning about them. If they fail to do so and you’re injured, they could be responsible for your medical bills, lost wages, pain and suffering, and other damages.
Who Counts as a Property Owner?
Liable is whoever owns the building adjacent to the defective sidewalk, such as residential landlords, commercial property owners (stores and restaurants), religious institutions, and others who own property.
Tenants typically aren’t liable. However, if a tenant caused the defect, for example, by improperly installing a storefront fixture that damaged the sidewalk, they could share liability.
When the City of New York Remains Liable
Despite Administrative Code §7-210, property owners aren’t always liable. For example, the city remains responsible for sidewalks in certain locations:
- One-, two-, and three-family residential properties
- Property owned by NYC
- Sidewalks that the city committed to maintain under specific agreements
Since small homes are exempt, you’ll likely be filing a claim against the city rather than the homeowner if your accident happened in a neighborhood with small family homes.
Importantly, the city can only be held liable if it received prior written notice about the sidewalk defect. This means someone must have filed a formal complaint with the city about the dangerous condition, and the city failed to repair it within 15 days. Without prior written notice, the city typically escapes liability even if the defect existed for years.
How to Prove a Sidewalk Injury Claim
Simply slipping or tripping and falling on a sidewalk defect doesn’t mean you have a claim. To win a sidewalk accident case, you’ll need concrete evidence proving the property owner or city knew (or should have known) about the defect and failed to fix it. Here’s how to build a strong case:
Gather Evidence at the Scene
Take photos immediately after your fall. Capture the defect from multiple angles and document visible injuries. Get contact information from anyone who witnessed your fall, as their statements can prove the defect caused your accident.
Prove the Defendant Had Notice
To have a valid claim, you must show the property owner or city knew about the dangerous condition (actual notice) or should have known about it (constructive notice).
For property owner claims, evidence of notice can include prior complaints to the landlord, photos showing the defect existed for months or years, and testimony from neighbors who saw the condition.
Meet the Height Differential Threshold
Not every sidewalk crack supports a claim, and courts have previously ruled that trivial defects don’t constitute dangerous conditions. NYC defines a sidewalk defect as a height difference of more than ½ inch, which can trigger repair notices.
But in injury claims, New York courts often treat defects under ¾ inch as trivial. However, if the height difference is ¾ inch or more, it may support a personal injury claim. Measuring and photographing the defect can prove it meets this threshold.
Understand Snow and Ice Rules
Snow and ice cases follow different standards. According to NYC Administrative Code §16-123, property owners must clear sidewalks within specific timeframes, such as four hours after snowfall ends or by 11 AM if snow stops overnight. NYC is responsible for clearing snow from roads and sidewalks adjacent to city-owned property. If you fell due to someone failing to clear the sidewalk for a day or longer, you could have a claim.
The Filing Deadlines You Need to Know
The New York statute of limitations sets the deadline for filing a lawsuit after an injury. In New York, you generally have three years from the date of your sidewalk accident to file a personal injury claim.
But when government entities like New York City are involved, special rules cut that timeline dramatically short. If you’re suing the city of New York, you have just 90 days from your accident to file a notice of claim. This document tells the city you intend to sue and provides basic details about your injury. Missing this 90-day deadline means the city will most likely dismiss your claim.
Berkowitz & Weitz Law, P.C. Fights for Sidewalk Injury Victims
We know that sidewalk accidents can cause severe injuries that impact victims for years. You shouldn’t be stuck with medical bills and lost income because someone failed to maintain safe walking conditions. And you don’t have to fight for justice and compensation alone.
Our commitment to our clients is at the heart of everything we do. We’ve represented injured New Yorkers in premises liability cases for nearly three decades, including sidewalk injury claims. We can help you navigate NYC’s complex sidewalk liability rules and fight for maximum compensation.
You pay nothing unless we win. Contact us today for a free case review to discover how we can help.