Sidewalk accidents are a frequent occurrence in New York City, often resulting in serious injuries. For personal injury attorneys handling these claims, understanding the nuances of liability, responsible parties, and statutory deadlines is crucial. A misstep—whether in identifying the liable party or missing a filing deadline—can be detrimental to a case. This guide outlines key legal principles and case law governing sidewalk-related injury claims in NYC.
Can You Sue for a Sidewalk Fall in NYC?
Yes—provided that the fall resulted from an “unreasonably dangerous condition” on the sidewalk. Courts have established that liability arises when a sidewalk defect presents a substantial risk to pedestrians, rather than a mere trivial imperfection. (Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 2015.
Key Considerations in Establishing Liability:
- Defect Severity & Triviality Doctrine
- Not all sidewalk irregularities are actionable. If a defect is deemed too minor or insignificant, liability may not attach. Hutchinson, 26 N.Y.3d 66 (2015)
- There is no “minimal dimension test” to automatically determine what constitutes a dangerous defect. Instead, courts examine factors such as width, depth, elevation, and the surrounding circumstances. E. F. v. City of New York, 203 A.D.3d 887 (2d Dept. 2022).
- Fact-Specific Determination
- Whether a condition is dangerous is generally a question for the jury and depends on case-specific facts. Brown v. Villarba, 224 A.D.3d 652 (2d Dept. 2024).
Who Is Responsible for the Defective Sidewalk?
The answer depends on the location of the sidewalk defect and who created or failed to repair the hazardous condition.
1. Property Owners (NYC Administrative Code § 7-210)
Under NYC Administrative Code § 7-210, abutting property owners (except owner-occupied one-, two-, or three-family residences) bear responsibility for maintaining sidewalks adjacent to their property. The City shifted liability to property owners as a cost-saving measure. Gallis v. 23-21 33 Rd., LLC, 198 A.D.3d 730 (2d Dept. 2021).
- Obligations include:
- Repairing cracked, uneven, or broken sidewalk flags. Lopez v. 1675 Realty, 209 A.D.3d 407 (1st Dept. 2022).
- Removing snow, ice, and debris.
- Addressing tripping hazards where the vertical differential is greater than ½ inch. Tropper v. Henry St. Settlement, 190 A.D.3d 623 (1st Dept. 2021).
- Non-Delegable Duty: Even if a property owner contracts out maintenance responsibilities, they remain legally responsible. Xiang Fu He v. Troon Mgt., Inc., 34 NY3d 167 (2019)
2. The City of New York’s Responsibility
Despite shifting liability to property owners, certain sidewalk elements remain under the City’s jurisdiction, including:
- Tree wells Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517 (2008).
- Pedestrian ramps Gary v. 101 Owners Corp., 89 A.D.3d 627 (1st Dept. 2011).
- Curbs Metzker v. City of New York, 139 A.D.3d 828 (2d Dept. 2016).
When an injury occurs in these areas, plaintiffs must adhere to the prior written notice requirement, which demands proof that the City had written notice of the defect before the accident. Bruni v. City of New York, 2 N.Y.3d 319 (2004).
3. Commercial Tenants’ Liability
While NYC Administrative Code § 7-210 does not impose liability on tenants, a commercial tenant can be held liable under common law if they:
- Created the dangerous condition. Padarat v. New York City Tr. Auth., 175 A.D.3d 700 (2d Dept. 2019).
- Made special use of the sidewalk. LaRosa v. Corner Locations, II, L.P., 169 A.D.3d 512 (1st Dept. 2019).
- Had an exclusive duty to maintain the sidewalk per lease terms. Hsu v. City of New York, 145 A.D.3d 759 (2d Dept. 2016).
- Blocked safe ingress/egress to their business. Thomassen v. J & K Diner, Inc., 152 A.D.2d 421 (2d Dept. 1989).
- Diverted pedestrian traffic toward a hazardous condition. Donaghy v. Liddy, 195 A.D.3d 680 (2d Dept. 2021).
4. Owners of Covers and Gratings
Entities that own sidewalk covers, gratings, or vaults are responsible for maintaining the cover and the surrounding 12-inch perimeter. Failure to do so creates liability. Shehata v. City of New York, 128 A.D.3d 944 (2d Dept. 2015).
Final Thoughts: Legal Strategy for Personal Injury Attorneys
If you represent a sidewalk fall victim, take immediate steps to preserve evidence and identify the correct defendant: ✅ Document the defect: Photographs, measurements, and maintenance records can be critical.
✅ Investigate property records: Identify whether the sidewalk abuts private or City property.
✅ Confirm statutory deadlines: Claims against the City require a Notice of Claim within 90 days and a lawsuit within one year and 90 days from the accident.
✅ Determine additional liable parties: Consider tenants, businesses, and adjacent property owners under the special use doctrine.
If your client has suffered injuries due to a sidewalk defect, MJP Injury Law can provide the experienced legal guidance necessary to navigate NYC’s complex liability laws. Contact us today for a free consultation.