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WHO’S LEGALLY RESPONSIBLE FOR A SIDEWALK SLIP OR TRIP AND FALL IN NEW YORK CITY?

by | Jun 9, 2025 | Premises Liability, Slip, Trip And Falls

A pedestrian that becomes injured after tripping or slipping on a New York City sidewalk is entitled to recover money damages for his or her injuries. To do so, the pedestrian must bring a negligence lawsuit against the person or entity that is responsible for the sidewalk. Both New York common law and statutory rules determine who is responsible for a pedestrian’s injuries after a fall on a New York City sidewalk. 

 Administrative Code of the City of New York § 7-210 (“Administrative Code 7-210”) holds the property owner adjacent to the sidewalk where a pedestrian falls liable for injuries caused by a sidewalk defect. However, there are several exceptions to this rule. When an exception applies then New York’s common law  determines who is responsible for the New York City sidewalk accident. 

This blog post explains when Administrative Code § 7-210 applies, when a sidewalk accident falls under common law rules, and who is responsible under those rules. 

  • Determining Liability Requires Identifying Who Owed the Pedestrian a Duty of Care

After a pedestrian trips and falls on a broken or uneven sidewalk or slips and falls on an icy sidewalk in the City of New York, the pedestrian can bring a lawsuit to recover money damages for injuries sustained due to the sidewalk fall. The lawsuit will be started by filing a summons and complaint alleging a claim for negligence under New York law. 

A negligence claim for personal injuries in New York requires the injured pedestrian to prove three elements: (1) the defendant owed plaintiff a duty of care; (2) defendant breached that duty; and (3) defendant’s breach of duty was a proximate cause of the injuries claimed. Salvador v. New York Botanical Garden, 71 A.D.3d 422, 895 N.Y.S.2d 410 (1st Dept. 2010); New York Pattern Jury Instructions, 2:10 (3d ed. 2010). 

The party responsible for the accident is the one that owes the pedestrian the duty of care to maintain the New York City sidewalk in a reasonably safe condition. Hausser v. Giunta, 88 N.Y.2d 449 (1996). Stated differently, legal responsibility for a pedestrian’s fall on a New York City sidewalk hinges on the concept of duty of care – the first element of negligence. The party that will be liable for the pedestrian’s injuries has the legal duty to maintain the sidewalk in a reasonably safe condition. In general, a legal duty to maintain property under New York law arises from statute, ownership, occupancy, control, and or special use of the property. Montalvo v. Texas Roadhouse Holdings, LLC, 200 A.D.3d 986 (2d Dept. 2021).

  • Administrative Code § 7-210 Creates A Statutory Duty For New York City Property Owners To Maintain The Sidewalks Adjoining Their Property In A Reasonably Safe Condition

Administrative Code section 7-210 is the default rule and governs who is responsible unless it does not apply. Administrative Code § 7-210, imposes a statutory duty upon owners of certain real property in New York City to maintain the sidewalk abutting their property in a reasonably safe condition, and provides that said owners are liable for personal injury that is proximately caused by such failure. Xiang Fu He, 34 NY3d at 167. The City Council enacted section 7-210 in an effort to transfer tort liability from the City to adjoining property owners as a cost-saving measure, reasoning that it was appropriate to place liability with the party whose legal obligation it is to maintain and repair sidewalks that abut them—the property owners. Gallis, 198 A.D.3d at 730. 

In turn, Administrative Code § 7-210 states that it “shall be the duty of the owner of real property abutting any sidewalk . . . to maintain such sidewalk in a reasonably safe condition.” Administrative Code § 7-210 (b) states that an abutting owner “shall be liable for any . . . personal injury . . . proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition,” and section 7-210 (c) further provides that the City “shall not be liable.” 

Section 7-211, signed into law the same day as section 7-210, requires that an owner of real property subject to section 7-210 (b) carry personal injury and property damage liability insurance for injuries proximately caused by the failure to comply with the duty of maintenance under section 7-210. Xiang Fu He, 34 NY3d at 167. The City of New York will not be liable for such injury if the owner failed to carry insurance as required. Xiang Fu He, 34 NY3d at 167. However, Administrative Code section 7-212 allows the City of New York to pay an unsatisfied judgment against an owner of abutting property for injury on a sidewalk after one year of nonpayment by the landowner. Xiang Fu He, 34 NY3d at 167.

The failure to maintain a sidewalk in a reasonably safe condition “shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. Administrative Code § 7-210 [b]. 

The duty imposed by Administrative Code § 7-210 is “non-delegable” meaning the abutting landowner cannot pass off the responsibility to another, such as its tenants. Xiang Fu He, 34 NY3d at 167. 

Administrative Code section 7-210 does not always apply and when it does not apply different rules determine who is responsible for a pedestrian’s accident on a New York City sidewalk. 

  • Administrative Code § 7-210 Does Not Apply To Residential Properties That Are One-, Two-, Or Three-Family Residential Properties That Are Owner Occupied And Used Exclusively For Residential Purposes

Administrative Code § 7-210 does not apply to residential properties that are one-, two-, or three-family residential properties that are owner occupied and used exclusively for residential purposes. Gallis, 198 A.D.3d at 730. The purpose of this exception is to recognize the inappropriateness of exposing small-property owners in residence, who have limited resources, to exclusive liability with respect to sidewalk maintenance and repair. Howard v. City of New York, 95 A.D.3d 1276 (2012). If this exception applies, New York’s common law rules determine who is legally responsible for a pedestrian’s injuries caused by a trip and fall or slip and fall accident on a New York City sidewalk. Gomez, 175 A.D.3d at 1502. 

  • Administrative Code § 7-210 Does Not Apply To Areas That Do Not Meet The Definition Of “Sidewalk” As Contemplated By The Statute 

Administrative Code § 7-210 does not apply unless the area where the pedestrian fell meets the definition of the word “sidewalk” as contemplated by the statute. Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517 (2008). Because section 7-210 does not define the term “sidewalk,” the New York Courts have provided the definition over the years through decisional law.  The definition of the term “sidewalk” as used in Administrative Code section 7-210 does not include the following areas: 

  1. The pedestrian ramps leading to and from the street and the sidewalk; Gary v. 101 Owners Corp., 89 A.D.3d 627 (1st Dept. 2011); Vidakovic v. City of New York, 84 A.D.3d 1357 (2d Dept. 2011)
  2. Tree wells. Vucetovic, 10 N.Y.3d at 517. 
  3. The curb. Metzker v. City of New York, 139 A.D.3d 828 (2d Dept. 2016).
  • Administrative Code § 7-210 Does Not Apply To Residential Or Commercial Tenants 

Administrative Code § 7-210 does not apply to residential or commercial tenants. Zorin v. City of New York, 137 A.D.3d 1116, 1117 (2d Dept. 2016). Per is plain wording, Administrative Code § 7-210 applies only to the owners of properties within New York City and is silent on whether it applies to tenants. Id. Per New York decisional law, the legislator’s choice to not specifically use the word tenant within the statute means that residential  and commercial tenants within New York City do not owe a pedestrian a duty of care to maintain the sidewalk outside of their stores or properties safe under Administrative Code § 7-210. Covington v. City of New York, 119 A.D.3d 408, 409 (1st Dept. 2014).

  • Who Is Legally Responsible For A Pedestrian’s Accident On A New York City Sidewalk If Administrative Code § 7-210 Does Not Apply 

If Administrative Code § 7-210 does not apply then New York’s common law is the exclusive set of rules that apply to determine who is responsible for injuries a pedestrian sustains after tripping and falling or slipping on a New York City sidewalk. Vucetovic, 10 N.Y.3d at 517. 

Under common law rules, the City of New York, as the owner of the sidewalks, is liable for injuries to pedestrians caused by defective, uneven, slippery or dangerous New York City sidewalk flags, subject to the requirements of the prior written notice law. Id

An abutting landowner and residential or commercial tenant could also be held liable but only if they (1) affirmatively created the dangerous sidewalk condition, (2) negligently made repairs (3) used the sidewalk in a special manner for its own benefit; (4) under took a comprehensive and exclusive contractual obligation  to maintain the sidewalk; (4) the sidewalk was part of the egress or ingress into the party’s property or business’s establishment; or (5) diverted the pedestrian using the public sidewalk towards a dangerous condition. Crawford v. City of New York, 98 A.D.3d 935 (2d Dept. 2012); Espinal v. Melville Snow Contrs., 98 N.Y.2d 136 (2002) (Defendant liable if they create or exacerbate dangerous conditions or undertake comprehensive and exclusive contractual obligation to maintain area); Blatt v. L’Pogee, Inc., 112 A.D.3d 869 (2d Dept. 2013) (Business owes non-delegable duty to maintain safe means of egress it its establishment);  Kaufman v. Silver, 90 N.Y.2d 204, 207 (1997) (If the defendant makes special use of an area not otherwise its responsibility the defendant is charged with a duty to maintain it). 

CONCLUSION

To determine who is responsible for a pedestrian’s trip and fall or slip and fall accident on a New York City sidewalk, you must have a keen understanding of both Administrative Code 7-210 and New York’s common law to determine which one applies so that you bring your negligence lawsuit against the responsible party. Generally, Administrative Code section 7-210 renders the property owner next to the sidewalk legally responsible for injuries caused by a dangerous New York City sidewalk condition. If Administrative Code section 7-210 does not apply then you must look to New York’s common law to determine who is at fault. 

If you were injured in a fall on a New York City sidewalk, don’t rely on guesswork to determine who’s responsible. You may have a valid claim. At MJP Injury Law, we know how to navigate both the Administrative Code and New York common law to identify the responsible party and pursue the compensation you deserve.

Contact attorney Michael J. Prisco today for a free consultation. We’ll review your case, gather evidence, and fight for the compensation you deserve.

Attorney Michael J. Prisco

Attorney Michael J. Prisco is an injury trial attorney, representing injury victims in New York City. His history working on defense claims provides him with strategic insight into the way the other side is represented in injury cases. Attorney Prisco has a 5 star rating on Google and successful case settlements for millions of dollars.

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