You may sue for a fall on a New York City sidewalk if someone else’s negligence caused your injuries. However, strict rules related to giving notice, proving fault, and submitting a claim require you to act quickly with the help of an experienced sidewalk accident lawyer.
Every year, many New Yorkers suffer injuries in sidewalk accidents. Some suffer serious injuries such as broken bones, head injuries, and traumatic brain injuries that lead to medical bills, lost wages, and long-term complications.
Your right to pursue compensation depends on the condition of the sidewalk when the slip and fall accident occurred and whether a private property owner or the City was responsible for the sidewalk.
If you have experienced a sidewalk injury and wonder whether you have a sidewalk injury claim, understanding how New York law treats these cases is key. Contact our New York City sidewalk injury lawyer today.
What Are New York’s Sidewalk Laws?
Under New York City Administrative Code § 7-210, sidewalks must be maintained in a reasonably safe condition. That responsibility is typically assigned to the owner of property that abuts the sidewalk rather than the City itself. The responsibility includes repairing broken sidewalks or uneven sidewalks, clearing snow and ice, and addressing other hazards that could lead to injury. If the property owner fails to fulfill their duty, they may be held financially liable for any injuries that result from the unsafe condition.
However, there are important exceptions. The City of New York retains responsibility for sidewalk maintenance in the following circumstances:
- The sidewalk is adjacent to a one-, two-, or three-family residential property that is owner-occupied and used exclusively for residential purposes.
- The sidewalk abuts City-owned property, such as public parks, schools, or government buildings.
- The injury involves areas considered part of the City’s infrastructure, such as tree pits, bus stops, or manhole covers.
If one of the above exceptions applies, you may have the right to pursue a sidewalk injury lawsuit against the City. A personal injury lawyer who has experience handling sidewalk accident cases can determine who is liable and gather evidence to support a slip and fall lawsuit.
In sidewalk injury cases, the condition usually must be more than minor wear and tear for the property owner to be liable. Courts also distinguish between “open and obvious” hazards such as large, visible cracks, versus hidden dangers, such as black ice or unsecured cellar doors. If you could have easily avoided the hazard, you’re less likely to recover compensation for your injuries.
If you notice a dangerous sidewalk condition, report it by calling 311. This creates an official record that can help establish prior written notice of the hazard in the event that someone suffers severe injuries in the future.
How Is Negligence Proved in a New York Sidewalk Injury Case?
Recovering compensation in a sidewalk injury lawsuit requires you to prove that someone else’s negligence caused your accident. That requires establishing four legal elements:
- Duty: The party responsible for the sidewalk (typically the owner of adjoining property) had a legal obligation to maintain the public sidewalk in reasonably safe condition.
- Breach: The responsible party knew or should have known an unsafe condition existed and failed to fulfill their duty to repair the dangerous condition.
- Causation: The property owner’s failure to act caused your sidewalk fall and injuries.
- Damages: You suffered physical injury, emotional distress, and financial harm as a result of the property owner’s failure to maintain a safe sidewalk.
Your sidewalk injury lawsuit requires strong proof of all four elements above. A skilled sidewalk injury lawyer can conduct an investigation and gather evidence to support an injury claim. For example:
- Photographs or videos of the defective sidewalk, surrounding conditions, and weather at the time of the fall
- Witness statements and police reports, if anyone saw the fall or assisted afterward
- Maintenance records, repair logs, and DOT permits to show whether the responsible party knew or should have known about the hazard
Property owners and insurance companies often argue that the injured person was partly to blame by not watching where they were walking or wearing improper footwear. This is called comparative fault, and it can reduce the compensation available to accident victims. If you have an experienced sidewalk injury attorney, the attorney will push back against attempts by insurers to shift the blame and press for full, fair compensation.
How Can I Find Out Who Was Responsible for Maintaining the Sidewalk Where I Fell?
The first step in the claims process is determining who is legally responsible for maintaining the sidewalk where your injury occurred. An experienced attorney can help make this determination.
In many cases, the liable party is the commercial property owner whose building directly abuts the sidewalk. To confirm ownership, your attorney may perform a title search or review of New York City Department of Finance property records. These searches help identify the name of the property owner and their contact information. However, some public sidewalks remain under the jurisdiction of the City.
An experienced attorney may also submit a Freedom of Information Law (FOIL) request to the New York Department of Transportation (DOT) to get records of past complaints or inspections involving that specific segment of sidewalk.
Always photograph the building façade, street number, and surrounding area immediately after a fall. These photos can help preserve evidence and make it easier to identify the responsible party later.
What Is the Sidewalk Rule in New York City?
As noted earlier, the sidewalk rule in New York City refers to the rule that property owners – not the City – are generally liable for injuries caused by unsafe sidewalk conditions in front of or next to their property. Under NYC Administrative Code Section § 7-210, the owner of real property (except certain one-, two-, or three-family homes that are owner-occupied) is required to maintain the sidewalk in a reasonably safe condition. If they fail to do so and someone is injured, that property owner may be held liable in a sidewalk injury lawsuit.
To pursue a claim, you must show that the sidewalk had a substantial defect, not just a condition involving minor wear and tear. This might include a noticeable height differential between sidewalk slabs, a hole in the sidewalk, or a raised grate that poses a tripping hazard.
However, there are exceptions. The City of New York may still be liable if the injury was caused by a defect related to a special use of the sidewalk or by negligent construction or repair work the City performed. These scenarios shift responsibility back to the City, but only under specific circumstances.
Special use can include installations like grates, vaults, or cellar doors used by a business. Similarly, if the City performed construction or maintenance work that created the hazardous condition, that may qualify as a special use.
A 2010 case, Schwartz v. A. Russo Wrecking Inc., is a good example of the special use doctrine. In that case, a construction company redirected pedestrian traffic from a sidewalk under repair into the street, directly into a pothole.
When the plaintiff fell and was injured, the defendant claimed they had no notice of the defect. The court stated that when a defendant makes special use of a sidewalk (or, in this case, controls pedestrian access due to construction), notice of the specific defect is not required. Instead, the defendant is liable if they fail to provide a reasonably safe alternative pathway.
How Quickly Do I Need to File My Injury Claim?
It’s important to file an injury claim as soon as possible after your accident. New York has specific deadlines for filing a lawsuit. If you miss them, you may lose the right to recover compensation for your injuries.
In New York, the standard statute of limitations for a personal injury claim is three years from the date of the accident. However, if your sidewalk injury claim involves a municipal defendant, such as the City of New York, the filing deadlines are much shorter. Under General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the accident.
A Notice of Claim is a legal document that notifies a municipality, such as the City of New York, of your intent to sue for a fall on a New York City sidewalk. This notice allows the municipality to investigate the incident and resolve the claim before you file a sidewalk fall lawsuit.
Finally, you must initiate a lawsuit within one year and 90 days of the date of the accident. The sooner you act, the better: your attorney can send preservation letters to potential defendants to request that they retain surveillance footage, which is often erased within 30 to 60 days of recording. Prompt action protects your right to pursue compensation. Consult with an experienced sidewalk injury attorney.
Contact a New York Slip and Fall Accident Lawyer
Navigating a sidewalk injury lawsuit in New York City can be complicated. The challenges can quickly overwhelm anyone who is trying to recover from serious sidewalk fall injuries.
At David Resnick & Associates, P.C., we’re on your side, fighting for you. Since 1998, we’ve recovered more than $180 million for injury victims across New York City and Long Island, including many successful outcomes in sidewalk injury cases.
When you work with us, you’ll have direct access to Attorney David Resnick, who is known for his clear and prompt communication. He answers questions directly and will meet with you at your home, allowing you to focus on your healing.
If you need an experienced sidewalk injury attorney after a fall, please contact us today to schedule a consultation.
