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Upkeep of New York City’s 12,750 miles of sidewalks was once solely the responsibility of the NYC Department of Transportation. Since the passage of legislation in 2003, the law has changed substantially. The owners of non-residential property abutting sidewalks are now primarily responsible for sidewalk maintenance.

You may have a claim for compensation against a property owner if you slipped and fell on a sidewalk that abuts the property. A claim against the City of New York is still possible under limited circumstances, and claims against the city face significant hurdles. Regardless of the individual party you wish to sue, you’ll need to demonstrate negligence in order to prevail.

New York City Administrative Code § 7-210

According to New York City Sidewalk Rules, “It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.”

This section of administrative code does not apply to “one-, two-, or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes.”

Under § 7-210, property owners (excluding the homeowners described above) may be held liable for personal injuries caused by their negligent failure to install, construct, reconstruct, repave, repair or replace a defective sidewalk.

Examples Of Common Sidewalk Defects Include:

  • Collapsed sidewalk.
  • Hardware trip hazard.
  • Trip hazard.
  • Improper slope.
  • Tree roots causing uneven surface.
  • Unacceptable patchwork.

The mere fact that you slip and fall on a property owner’s sidewalk does not entitle you to compensation. You must also show that the owner did something wrong. Satisfying this requirement entails showing that the owner knew that the sidewalk was unsafe or should reasonably have known that the sidewalk was unsafe.

Claims Against The City Of New York

If you slip and fall on a sidewalk that abuts property owned by New York City, you may file a claim for compensation, but it is more difficult to sue a government body than a private property owner. Additional requirements for claims against New York City include:

  • Prior written notice. A plaintiff who alleges to have received an injury from a sidewalk defect and seeks to hold the city liable must prove that the city received written notice of the defect at least 15 days prior to the accident.
  • Notice of claim. If you intend to sue the city for an injury sustained on city-owned property, you must submit a notice of claim within 90 days of the accident. A notice of claim regarding an action against the Department of Transportation, considered a “mayoral agency,” is to be filed with the City of New York Comptroller. Instead of a notice of claim, you may submit a notice of intention to file a claim, which extends the time period to serve and file a claim.

Discuss Your Sidewalk Accident With A Lawyer For Free

David Resnick & Associates, P.C., have obtained significant compensation for slip and fall victims in the past, and we look forward to the opportunity to assist you with your case. To schedule a free consultation, call or contact us online now.

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