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Who is Liable for Sidewalk Trip and Falls in New York City?

Home | News & Insights | Who is Liable for Sidewalk Trip and Falls in New York City?

• February 3, 2022

Sidewalks are everywhere in New York City. With  almost 13,000 miles  of sidewalk to traverse throughout the five boroughs, the City’s sidewalk system helps millions of New Yorkers get where they need to go. However, sidewalks are not always maintained in a safe condition which can lead to trip and fall accidents and injuries. 

Uneven pavement, potholes, cracks, depressions, tree pits, snow and ice, debris, and other defects can all cause a pedestrian to trip and fall or slip and fall, and sustain injuries as a result thereof. If the fall was caused by an unsafe or dangerous condition, the party responsible to safely maintain that area may be held liable for their negligence, and responsible for your damages.

Understanding New York City’s Sidewalk Law

Determining liability for a sidewalk trip and fall in New York City can be complex. While sidewalks are primarily public walkways, the party responsible for safely maintaining them is not necessarily the City of New York. In fact, there are actually limited situations in which the City is responsible for sidewalk maintenance.  Since the enactment of  New York City Administrative Code 7-210  in 2003, responsibility and liability shifted from the City to the adjacent building owners of the sidewalk where you fell. 

Commonly referred to as the “Sidewalk Law”, §7-210 makes adjacent property owners responsible for maintaining the sidewalk that abuts their property. The law specifies that the sidewalk must be kept in a “reasonably safe condition”. This means property owners have a certain amount of time to repair defects and remove snow and ice from their abutting sidewalk. Failure to do so can result in the property owner, manager, or other responsible party, being held liable for any trip and fall injuries caused by their negligent maintenance.

New York City’s Sidewalk Law Exceptions

Even though the City is no longer responsible for the majority of   sidewalk trip and falls, there are exceptions. The Sidewalk Law generally exempts the owners of one, two, or three-family homes as long as long as they are occupied by the owner and are used only for residential purposes. In these instances, the City may still be held liable for a trip and fall that occurs on the sidewalk abutting one of these properties.

Recoverable Damages in a Sidewalk Trip and Fall Case

Sidewalk trip and fall accidents can be serious matters, resulting in a wide range of injuries and extent of required medical treatment. Examples of typical sidewalk fall injuries include: 

• Twisted ankles
• Broken/fractured foot bones
• Sprains and strains
• Hip fractures
• Spine injuries
• Traumatic brain injury

Trip and fall injuries due to sidewalk defects can result in the need for extensive medical care, treatment, and rehabilitative therapy. They can also cause you to lose time from work. If your sidewalk trip and fall is caused by the negligence of another party, they may be held liable for your damages in a personal injury action based on premises liability. 

In a personal injury action, you may be entitled to compensation for economic damages in a sidewalk trip and fall. These can include out-of-pocket medical expenses, past and future medical expenses, and lost wages. You may also be entitled to recover non-economic damages including compensation for pain and suffering, emotional distress, loss of consortium, and punitive damages.

Contact a New York Premises Liability Attorney

If you sustained injuries in a trip and fall accident, it is important to contact an experienced personal injury attorney right away who handles premises liability cases. In any trip and fall accident, there are strict statutes of limitations that begin running from the date of the accident and shorter ones if the claim involves a municipality. If you tripped and fell due to another’s negligence, The Dearie Law Firm, P.C. can help you obtain the maximum compensation available for your injuries. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us at (212) 970-6500 for a consultation.  

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• 13 min read

Navigating a Sidewalk Fall in NYC: Know Your Rights

Picture a bustling New York City sidewalk, where an unexpected tumble can turn any pedestrian's day upside down. Sidewalk falls in NYC aren't just minor blips; they're incidents that spark questions about safety and responsibility.

Walking through this city means navigating a concrete maze of potential hazards. Cracks, ice patches, or unmarked obstacles - the reasons for slips and trips are as varied as the neighborhoods lining these streets.

If you've felt the jarring surprise of pavement meeting your palms or watched someone take that unlucky dive, stick around. You'll get insights into who's on the hook for keeping sidewalks safe and what steps to follow if you find yourself dusting off from a fall. Plus, we'll touch on legal avenues for those hurt due to poor maintenance—because knowing is half the battle when it comes to walking tall in NYC.

Understanding Sidewalk Maintenance Responsibility in NYC

In the Big Apple, a smooth stroll can quickly turn into an obstacle course. Sidewalks are the veins of New York City, and keeping them in tip-top shape is more than just a courtesy—it's mandated by law.

Identifying the Responsible Party

New Yorkers often wonder who's got their back when it comes to maintaining these concrete pathways. It turns out that if you're looking down at cracks or stumbling over uneven slabs outside your favorite bagel shop, it may well be up to the property owner to fix up that stretch of sidewalk.

This means that apartment building managers, homeowners, and commercial property owners alike must roll up their sleeves—or rather call someone who can—to ensure passersby have safe passage. But wait—what about sidewalks fronting city-owned properties like schools or hospitals? That’s on NYC itself to handle. So whether you’re dodging puddles outside Central Park Zoo or navigating around construction near a local high school, knowing who’s responsible could save you from taking an unexpected tumble.

Surely there's some red tape involved though? Absolutely. The responsibility doesn't fall from trees; it lies firmly at each property owner's feet according to city regulations. And with roughly 12,750 miles of sidewalk lining this urban jungle—that’s enough pavement to pave a path halfway around Earth—the task is no small feat.

Bumps and bruises aside for now—we all know how painful those can be—sidewalk maintenance isn’t just about preventing trips and falls; it’s also crucial for accessibility. Keeping walkways clear means everyone from joggers zipping by during morning workouts to parents pushing strollers can navigate without issue. In short: Good sidewalks make good neighbors—and they keep lawyers at bay too.

Key Takeaway: 

Hit the pavement in NYC knowing who's on the hook for sidewalk repairs—property owners or the city itself. This isn't just about avoiding a stumble; it's about clear paths for all and dodging legal woes.

Common Causes of Sidewalk Falls

Cracked or raised sidewalks.

New York City's sidewalks are like the faces of its buildings—telling a story with every line. But when those lines turn into cracks and crevices, they're more than just an eyesore; they become trip wires for pedestrians. Picture this: you're walking down the street, coffee in hand, thinking about your day ahead. Suddenly, your foot catches on a slab of concrete that's sticking up like it wants to shake hands. Next thing you know, you've made friends with the pavement.

Raised sections occur due to various reasons – tree roots seeking underground real estate can push up slabs while freeze-thaw cycles treat them like nature’s accordion – contracting and expanding until they buckle. It turns out that maintaining these walkways isn't just about curb appeal; it's a safety dance where property owners lead by ensuring their slice of sidewalk doesn’t trip up passersby.

Weather-Related Hazards

Mother Nature has her own way of turning NYC sidewalks into slip-and-slides or obstacle

courses depending on her mood swings from snowstorms to heatwaves. Imagine strutting through Manhattan only to find yourself playing hopscotch over puddles or reenacting Bambi on ice thanks to untreated surfaces during winter months.

The recipe for weather-related tumbles is simple: add water plus cold temperatures and voilà—you get ice rinks disguised as sidewalks. Even rain can be sneaky—it paints pavements with sheens perfect for unexpected acrobatics if one isn't careful enough when meandering around town after a storm has swept through.

Sidewalks in NYC can be a real-life obstacle course. From rogue concrete slabs to ice patches, watch your step or you might end up on an unplanned pavement meetup. #NYCSidewalkHazards #StayUprightInTheCity  Click to Tweet

What to Do After a Sidewalk Fall in NYC

Seeking medical attention.

You might feel fine after taking a tumble on the concrete, but don't shrug it off. Hidden injuries often lurk beneath the surface, and they love to play hide-and-seek with your health. The first step is always to check yourself for injuries and seek medical help immediately—even if you think you're okay.

If something feels off or pain starts singing louder than a Broadway star, head straight to an emergency room or urgent care clinic. This isn't just about patching up; it's also crucial evidence if you later decide that legal action needs its day in court.

Documenting the Scene and Injury

A picture paints a thousand words—especially when those pictures showcase where your fall happened and what caused it. Snap photos of the sidewalk where you fell, focusing on any defects like cracks or uneven pavement that played villain in this urban obstacle course.

Jot down names and contact information of anyone who witnessed your not-so-graceful dance with gravity—they could be key allies later on. And while memories are fresh, write down everything: from weather conditions (yes, even Mother Nature can throw shade) to how exactly you landed during your unexpected sidewalk audition.

Took a spill on NYC's concrete jungle? Don't ignore it. Hidden injuries are sneaky. Snap pics, get witnesses & see a doc – your health and any legal steps depend on it. #SidewalkSafety #NYCFall  

Legal Options for Sidewalk Fall Victims in NYC

If you've taken a spill on a sidewalk in the Big Apple, know that the law's got your back. Navigating the aftermath of such an incident can feel like hopping through hoops while nursing your bruises, but understanding your legal rights is crucial.

Filing a Claim Against Property Owners

In New York City, those who own property lining sidewalks are not just there to shovel snow or sweep leaves; they're legally tasked with keeping their concrete strips up to snuff. So when a jagged edge sends you sprawling, these owners might be facing more than just an angry glare. You have every right to hold them accountable for negligence if their lackluster maintenance led to your fall.

To start this process, it’s essential first to document everything — think pictures of the offending pavement piece and any visible injuries. Next step? Seek out legal expertise because time is ticking; claims against private property owners have deadlines tighter than last year's jeans.

Claims Against the City of New York

But what happens when it's city turf underfoot at the scene of the stumble? Here things get trickier since Uncle Sam doesn't always make it easy to claim damages. But don't let bureaucracy intimidate you; with proper guidance and prompt action (we’re talking within 90 days), filing notice about your tumble could lead towards compensation from City Hall itself.

The key here lies in proving that The City knew—or should’ve known—about Vicious Sidewalk Crack X before it claimed you as its victim. That means gathering evidence quicker than pigeons flocking to dropped pizza crusts on Broadway: photos, witness statements – gather anything that paints a picture of neglect. The official website  provides further details on how these cases typically unfold.

Taking steps after taking falls isn’t fun but getting informed makes all the difference between wincing away empty-handed or walking away justified—and perhaps even compensated—for unwelcome sidewalk surprises.

Hit the pavement in NYC? The law's on your side. Document everything, and act fast to hold property owners or the city accountable for your sidewalk fall. Legal know-how is key—don't miss out on potential compensation because you dragged your feet.

The Role of Property Owners in Preventing Sidewalk Accidents

Think about it: when you stroll down a New York City sidewalk, you're walking on someone's responsibility. That's right; whether it’s an apartment building manager, the lady who owns that cute bungalow with the roses, or even the bigwig running a strip mall—property owners are on the hook for keeping their sidewalks safe.

Key Stats: Owning Up to Safety

Sidewalk safety isn't just good manners—it's law. In NYC, property owners must keep sidewalks clear of any hazards. Ignore this duty and not only do they risk pedestrian scowls but also some serious legal headaches if someone takes a tumble.

But what exactly counts as 'unsafe'? Well, think uneven slabs jutting out like miniature skate ramps or sneaky cracks where high heels go to die. It’s these seemingly small defects that can lead to major wipeouts.

Mitigating Risks Proactively

To dodge trouble, savvy property managers stay ahead of issues by regularly inspecting walkways and fixing problems pronto. After all, spotting potential pitfalls early can be the difference between smooth sailing and making acquaintance with personal injury lawyers.

A little salt goes a long way too – literally. When winter throws its icy tantrums across our city pavements, sprinkling salt helps ensure pedestrians don’t end up slip-sliding away more than Paul Simon ever intended.

Fulfilling Legal Obligations With Aplomb

No one wants their legacy to be ‘that spot where folks always fall’. To avoid such dubious fame—and hefty fines—owners need to get familiar with local laws quicker than they'd memorize their favorite coffee order. By doing so and taking swift action against imperfections underfoot, they protect themselves legally while giving walkers peace-of-mind—or at least peace-of-foot.

In short? Keeping those stretches of concrete shipshape is part smart business move and part civic duty—a true win-win in urban living choreography.

NYC property owners have a legal duty to keep sidewalks safe, which means staying on top of repairs and winter maintenance. It's smart business and good citizenship all wrapped in one.

How to Prove Liability in Sidewalk Fall Cases

Gathering evidence of negligence.

Proving liability in a sidewalk fall case is like putting together an intricate puzzle; each piece of evidence helps form a clearer picture of negligence. To start, think about the scene as if it's frozen in time. Photos and videos can capture the hazardous conditions that led to your tumble – whether it’s a jagged crack or an icy patch that sent you flying faster than Superman on skates.

To strengthen your claim, witness statements are golden nuggets. They offer unbiased accounts supporting how the property owner neglected their slice of pavement paradise. But remember, timing is key. Collect these testimonials while memories are fresh and before they fade away like chalk drawings in the rain.

Dig up maintenance records too – they can reveal if complaints were ignored longer than leftovers forgotten at the back of your fridge. If those records show more patches than grandma's quilt without any recent fixes, bingo - you've got yourself some solid proof.

Understanding Local Laws and Ordinances

In New York City sidewalks might just be concrete jungles where lawsuits grow when owners fail to fix them right under local laws . NYC puts this responsibility squarely on property owners' shoulders unless it's city-owned land (think schools or hospitals).

If Jack Frost left his mark outside someone else’s building leading to your not-so-graceful swan dive onto hard concrete, local weather-related ordinances come into play too.

Maintain awareness - know which part of pavement belongs to private entities versus Big Apple itself.

Sidestep legal potholes by familiarizing yourself with timelines for reporting incidents since there’s often less sand in that hourglass than expected.

Catch violations by comparing current state against what lawbooks dictate as safe passage standards.

Your path forward should blend persistence with savvy fact-gathering steps until proving fault feels less like herding cats and more like snapping pieces into place on game night.

To win a sidewalk fall case in NYC, snap photos of the hazard and gather fresh witness accounts. Dig into maintenance records for proof of neglect.

Know your turf: check if the sidewalk is privately owned or city property, then use local laws to show owners didn't fix their slice of pavement paradise.

Compensation for Injuries Sustained from Sidewalk Falls

If you've had the misfortune of taking a tumble on a New York City sidewalk, knowing your rights is as crucial as nursing those scrapes and bruises. It's not just about getting back on your feet; it’s also about understanding what compensation might be available to cover everything from band-aids to lost bucks from missing work.

Medical Expenses and Lost Wages

The aftermath of a sidewalk fall often includes an avalanche of medical bills that can bury you faster than a New York blizzard. The costs add up quickly: emergency room visits, X-rays, physical therapy - you name it. And let’s not forget the time off work. While healing up at home or in hospital beds, wallets feel lighter as paychecks stop rolling in. Thankfully, New York law allows victims to claim damages for these financial losses . That means compensation for every cent spent out-of-pocket on recovery and every dime missed out while being unable to clock in.

Beyond initial treatment expenses are follow-up appointments with specialists who have waiting rooms more crowded than subway cars during rush hour – all costing precious dollars and cents that should stay right where they belong: in your pocket.

Pain and Suffering Damages

Apart from crunching numbers like an accountant tallying columns, there's another side to post-fall hardships that calculators can't quantify: pain and suffering. This kind of damage isn’t visible through x-ray machines or MRI scans but trust me—it hurts all the same. Whether it's lingering discomfort or emotional distress echoing longer than taxi horns honk after lights turn green—these are real injuries deserving recognition (and yes...compensation).

The legal system acknowledges this by allowing claims for non-economic damages, putting value on things like loss of enjoyment because picking apples during fall festivals just isn't possible with a busted arm—or perhaps anxiety crossing streets when pavement cracks look more menacing than monsters under beds did when we were kids.

No one plans to slip into these scenarios—but if gravity decides otherwise, know there’s recourse beyond bandaging wounds.

Falling on an NYC sidewalk can mean more than just scrapes; it's about getting compensated for everything from medical bills to missed work days. New York law has your back, covering out-of-pocket expenses and lost wages, plus pain and suffering damages for those unseen injuries.

Preventative Measures and Safety Tips for Pedestrians

Choosing safe pathways.

Navigating New York City's sidewalks is a bit like playing chess; you've got to think ahead and make smart moves. When selecting your route, go for sidewalks that look well-kept because they're less likely to trip you up. Check out the city’s Sidewalk Management Program , which gives you the lowdown on sidewalk conditions.

Avoid construction zones like they’re spoilers for your favorite show — just steer clear. Look out for those pedestrian detour signs; they are there to guide you along a safer path. Remember, choosing well-lit streets at night isn’t just about seeing where you’re going but also being seen by others.

Footwear and Awareness

You wouldn't wear flip-flops to run a marathon, right? The same goes when hitting NYC's concrete jungle—suitable footwear is key. Go with shoes that give good grip so that even if Lady Liberty herself couldn't distract you, slippery surfaces won’t either.

Mindfulness might be all the rage in yoga classes, but it’s just as crucial when pounding the pavement. Keep an eye peeled not only for cracks or bumps underfoot but also cyclists zipping past or doors swinging open from parked cars. By staying aware of your surroundings and wearing proper shoes, these tips can help keep trips over treacherous terrain firmly in movie slapstick territory rather than your next ER visit.

Hit NYC's sidewalks like a chess pro: pick well-kept paths, dodge construction zones & light up your night walks. Right shoes + sharp eyes = safe strides. #NYCPedestrianSafety ‍️

Navigating Insurance Claims After a Sidewalk Injury

After taking a tumble on the sidewalk, your mind might race faster than a New York minute. But when it comes to insurance claims, slow and steady wins the race.

Falling on NYC's concrete jungle gym isn't just painful—it can be costly too. So let’s talk turkey about what you need to do next. First things first: gather evidence like it’s going out of style because in this game, details are king. Snap pictures of where you fell and get contact info from witnesses who saw your less-than-graceful ballet move with gravity.

Gathering Evidence at the Scene

If that sidewalk crack was big enough to trip an elephant, prove it. Show insurers exactly what went down by keeping records sharper than a tack—think photos, witness statements, and even notes about weather conditions if Mother Nature played her part.

Remember those medical bills piling up? Keep them closer than your friends; they're proof of how much that spill really cost you physically—and financially. And hey—if anyone knows pain and suffering after tripping over their own feet in public (and I do), make sure to jot down how the fall has affected daily life for good measure.

Tackling the Insurance Company Head-On

Buckle up because dealing with insurance companies is like navigating Times Square during rush hour—you’ve got to be ready for anything.

Contact them ASAP; time waits for no one (especially not adjusters).

Don’t accept any quick settlements without getting legal advice first—the early bird doesn't always catch the worm here.

Pull together all your evidence into one neat package before presenting your case; think of it as wrapping up all those annoying loose ends with precision only a New Yorker would understand.

In essence: stay sharp, document everything under sunnier skies than we ever see in winter months here – which is saying something – and tackle each step methodically as if planning an intricate subway route avoiding track work delays. Do these right? You'll stand more chance against Goliath-sized insurance firms holding onto their dollars tighter than tourists clutching their wallets on Fifth Avenue.

After a sidewalk fall, be the tortoise not the hare with insurance claims. Get evidence like you're on a scavenger hunt—photos, witness info, and notes on everything. Those medical bills? Keep 'em close—they show your costs in black and white. And when squaring off with insurers: move fast to contact them but slow down before accepting any offers; get legal advice first.

Gather all your proof as if it's NYC gold and hand it over well-organized—you'll need that edge to take on big insurance companies gripping their cash like subway poles at rush hour.

FAQs in Relation to Sidewalk Fall in Nyc

Can you sue nyc for falling on sidewalk.

You can indeed sue NYC if your fall was due to the city's negligence in maintaining the sidewalk.

What are the rules for sidewalks in NYC?

Sidewalks must be kept safe by property owners; they face fines and liability if they don't keep up with repairs.

What is the slip and fall law in NYC?

The law demands proof that a property owner knew about a hazard but didn't act, leading to your tumble.

Who is responsible for sidewalks in NY?

In New York, it's usually on property owners to maintain adjacent sidewalks unless it fronts municipal buildings.

Walking in NYC should be safe, and now you know it can be. Sidewalk falls aren't just bad luck; they're about accountability. You've learned who's responsible for what - property owners or the city itself.

Navigating after a sidewalk fall in NYC starts with care for your health and evidence of the mishap. Always look out for yourself first, then snap those pics and gather names.

Fighting back legally is an option if that pavement wasn't up to par. Whether it's against a private owner or City Hall, there are steps to take that can lead to rightful compensation.

Sidewalk safety isn’t just about recovery; it’s also prevention—choosing good routes and staying sharp on foot matter too. If trouble does strike, remember insurance claims might have your back as well.

So stride confidently through New York’s streets armed with this knowledge: A sidewalk fall doesn't mean defeat—it means taking action because every step counts toward safer walks ahead.

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New York Uneven Pavement Lawyer

Every day, New Yorkers suffer injuries after tripping on uneven payment. Indeed, slip and falls on public sidewalks are one of the most common types of accidents. If you have been injured after tripping on uneven pavement, the law office of Michael LoGiudice can help you obtain just compensation.

Who is responsible for the injuries caused by tripping on uneven pavement in New York?

In some cases, negligent construction caused the uneven sidewalk. Negligent repair or maintenance of New York City sidewalks or pavement can also cause sidewalks to become uneven, broken, cracked, or icy. When New York City fails to fix uneven sidewalks promptly, even more, dangerous conditions can result. To file a successful personal injury lawsuit, the injured party must prove that the responsible party knew or should have known about the dangerously uneven sidewalk. If you tripped on uneven pavement and suffered an injury, our aggressive personal injury lawyers can help. 

New York’s Severely Damaged Sidewalks Are Hazardous for New Yorkers

New York City is currently dealing with a significant number of dangerous sidewalks. These broken sidewalks create dangerous conditions for New Yorkers. New York City officials recently announced that they will fast-track repairs for 5,500 priority sites at which tree roots have broken up sidewalks . The City will also investigate other 50,000 existing sidewalk violations to determine if they are responsible for the damaged sidewalks. Going forward, New York City will be responsible for fixing these damaged sidewalks, not homeowners. 

The New York City Department of Parks & Recreation currently offers a program to help repair severely damaged sidewalks. New Yorkers can become independent contractors after completing a tree work permit application. After completing the sidewalk repair, an individual can apply for compensation within 90 days of the repair. Only certain locations qualify for this program, mainly sidewalks damaged from tree roots that are adjacent to one, two, and family homes. The home must be occupied by the owner and cannot be used for commercial purposes. 

Common Injuries Caused by Cracked or Uneven Pavement

Most people who trip on uneven pavement suffer a hard fall to the ground. A person’s hands and arms often suffer injuries from attempting to soften the fall by extending their hands and arms to the pavement. When a trip and fall on pavement happens quickly, the injured party may not have time to brace himself and protect his face. In these situations, an injured party may slam his or her head and neck hard on the pavement, causing a brain injury or spinal cord injury. 

When a sidewalk is cracked and uneven, New Yorkers are more likely to trip, fall, and suffer injuries. Uneven surfaces are particular dangers for children and adolescents. The cracks in the pavement can cause a child to be thrown from his or her scooter or bicycle and suffer serious injuries. Elderly individuals have a much higher risk of suffering serious injuries as a result of tripping and falling on the pavement. Hip fractures are common injuries caused by tripping and falling on even pavement. The following injuries are also common when New Yorkers trip and fall on the uneven pavement:

• Pulled muscles
• Lacerations
• Bruises and bumps
• Scrapes and cuts
• Head injuries
• Neck injuries
• Spinal cord injuries 
• Sprained Ankles 

Proving Negligence After Tripping on Uneven Pavement 

To recover payment from an insurance company or in a personal injury lawsuit, the injured person must prove that the property owner’s negligence caused his or her injuries. Property owners can and should fix dangerously uneven pavement conditions with proper planning. However, many do not make any attempt to fix the dangerously uneven pavement conditions abutting their property. The following unsafe sidewalk conditions are often enough to show negligence on the part of the property owner:

• Cracked or broken slabs of pavement
• Loose slabs of pavement
• Missing slabs of pavement
• A sloped slab of pavement that retains water, snow, or ice
• Damage to the pavement caused by tree roots
• A hole in the sidewalk that is at least a half of an inch deep and one inch in diameter
• Dirt, gravel, or other sidewalk debris
• Unsafe sidewalk patchwork repairs that use unapproved materials such as asphalt
• Dangerous snowy or icy conditions

Submitting an Insurance Claim for Uneven Pavement Injuries

The owner of the property abutting the sidewalk has a legal duty to keep the pavement in a reasonably safe condition. Many businesses carry general business liability insurance. Those who suffer injuries from tripping on uneven pavement can often file an insurance claim. Those who trip on pavement abutting a private individual’s home may be able to file a claim against the homeowner’s insurance. 

Bringing a Personal Injury Lawsuit After Tripping on Uneven Pavement

Under New York law, injured parties can bring a premise liability lawsuit to hold businesses and individuals accountable for injuries that happen on their property. Property owners who fail to take reasonable care to maintain their sidewalks may be liable for injuries caused by the uneven sidewalks. Under New York City law, the owner of the property abutting the dangerous sidewalk must maintain the sidewalk and keep it in a reasonably safe condition. 

Bringing a Lawsuit Against New York City for Failure to Maintain a Sidewalk 

When the sidewalk abuts a one, two, or three-family residential home in which the owner resides, the City of New York is responsible for maintaining the sidewalk. To bring a lawsuit against the City of New York for failure to maintain a sidewalk properly, the injured person must prove an additional element. The injured person must prove that the City had received prior written notice of the dangerous sidewalk condition before the injury took place. The injured party needs to prove that an individual or organization had provided the city with written notification as to the crack, unevenness, pothole, or other dangerous sidewalk conditions. 

To bring a lawsuit against a municipality like the City of New York, the injured party must file a Notice of Claim soon after the injury occurs. The Notice of Claim must include certain information, such as when and how the accident occurred. It must also include information on why the injured party believes that the municipality was at fault for the accident. The City of New York imposes strict time limits on filing a claim for injuries caused by sidewalks. That’s why speaking to a personal injury attorney as soon as possible is extremely important. 

Our Aggressive Slip & Fall Lawyers Can Help

If you’ve suffered an injury caused by uneven pavement in Orange County, New York, our skilled personal injury lawyers can help. We will thoroughly investigate your accident to determine who is at fault. Our lawyers will discuss your best option for recovering compensation for your injuries. Contact our New York City serious personal injury law firm as soon as possible to schedule your initial appointment and learn how we can fight for you.

Representing slip and fall victims from the uneven pavement in the greater New York area including Westchester , Putnam County, Dutchess County , Orange County , Rockland County , and Brewster

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New York Uneven Sidewalk Fall Lawyers

New York Uneven Sidewalk Fall Lawyers.   The law requires property owners, construction companies and city officials take action to ensure sidewalk throughout the city are safely constructed and maintained.

The slope of a sidewalk must be constructed within strict legal limits.

In addition, owners of commercial properties are responsible to make sure any cracks or breaks in the sidewalk pavement are promptly repaired.

If you have been hurt in a fall on an uneven sidewalk, contact our personal injury lawyers for a free legal consultation today.

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Can I Sue if I Fall on a Sidewalk in New York City?

Craig Rosenbaum | January 28, 2022 | Slip and Fall Accidents

Were you recently injured in a fall on a NYC sidewalk? If someone else caused you to fall, then you might be able to sue to collect compensation for your medical bills, lost wages, and pain and suffering. Accidents involving slips, trips, and falls on New York’s city sidewalks are a common cause of injuries. Falling accidents can cause severe injuries and can even result in death.

Why Do Sidewalk Accidents Occur in NYC?

Sidewalk slip and fall accidents in New York can happen for any number of reasons. City sidewalks often become cracked, broken, or uneven due to poor maintenance, lack of proper repair, or faulty construction. When these defects are ignored, they cause an even more dangerous situation for pedestrians. Over time, sidewalks can develop potholes.

New York City pothole accidents on sidewalks usually happen in late winter or early spring. This is when water from snow and rain makes its way through cracks and unrepaired sections of the sidewalk.

When the temperature drops below freezing, the water expands under the pavement and forces it to lift. After it thaws, the soil weakens and creates a hole under the pavement. Foot traffic ultimately breaks the pavement causing the pothole to form.

NYC Sidewalk Accident Lawsuits

Just because you fall because of a dangerous city sidewalk doesn’t automatically mean that you will be compensated for your injuries.

New York’s personal injury law says that a sidewalk accident victim must prove that those responsible for the maintenance of the sidewalk must either have known (or should have known) that a dangerous condition existed.

Injured victims must also be able to prove the sidewalk’s dangerous condition represented a “substantial factor” causing the injury.

Most towns and cities have their own specific laws determining responsibility for sidewalks within their jurisdiction. The owner of property abutting that sidewalk or the town or city government is usually responsible for maintaining the sidewalk.

In the City of New York, for example, according to the NYC Administrative Code (Sec. 7-210 ), an owner of a property that abuts the sidewalk is generally responsible for keeping the sidewalk safe. The only exception to that rule is, when the sidewalk abuts either a one-, two-, or three-family dwelling occupied by the property owner, the city is responsible.  

You Must Prove That the Property Owner Knew of the Dangerous Condition

Most premises liability cases will require you to prove that the property owner knew of the dangerous condition that caused your fall. Depending on who the owner is – a private business or public entity – what’s required and the timeline for filing your claim may vary.

Suppose you are injured in a New York City slip and fall accident on a sidewalk that the city is responsible for. If you fell because the sidewalk was not properly maintained, you may be able to file a claim against the City. However, in that case, you must also be able to prove that city officials had prior notice , in writing, regarding the dangerous condition.

In other words, it is up to the sidewalk slip and fall victim to prove that city officials knew about the sidewalk’s dangerous condition before the accident date.

If the slip and fall accident is due to ice or snow, the injured person must prove that the responsible party knew or at least should have known that ice and snow had accumulated on the sidewalk. They also must prove that it had not been cleared of ice and snow during a reasonable time frame.

What to Do if You Suffer a Slip and Fall Accident on a NYC Sidewalk

If you have fallen on a sidewalk in NYC, there are a few things that you need to do immediately to ensure that your claim is taken seriously and that you can collect the compensation that you deserve.

Some of these steps include the following:

• Take photos: Be sure to take pictures of the sidewalk condition at the time of the accident and take pictures of any injuries you may have suffered.
• Collect information: Be sure to collect contact information from any witnesses that may have seen the slip and fall accident. If possible, get the contact information of the owners of the property that abuts the sidewalk.
• Seek medical attention: Always seek medical attention following a slip and fall sidewalk accident in New York City. Even if your injuries don’t seem serious, having a medical report will help your case further down the line.
• Contact a New York personal injury lawyer: Slip and fall sidewalk cases can be complex. A New York City personal injury attorney can help you navigate the claims process and help you to recover the damages you deserve.

Why You Should Hire a Personal Injury Attorney to Handle a Sidewalk Slip and Fall Claim

If you or a loved one has suffered an injury from a New York City sidewalk accident, you should immediately contact a New York personal injury lawyer.

If the City itself is responsible, sidewalk accident victims file a “Notice of Claim” following a slip and fall. This notice provides the city with information such as where, when, and how the accident happened, as well as why the injured party believes that the city is at fault. New York City has a strict 90-day window to file your Notice of Claim against the city.

Contact Our Personal Injury Law Firm in New York City

If you’ve been injured in an accident in Manhattan, NY , and need legal help, contact our New York City personal injury lawyers at Rosenbaum & Rosenbaum, P.C. to schedule a free consultation.

Rosenbaum & Rosenbaum, P.C. 100 Wall St 15th Floor New York, NY 10005 (212) 514-5007

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Sidewalk construction permits.

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Repairs Performed by NYC DOT

Dismissal inspections, request a re-inspection, other sidewalk questions.

New York City has over 12,000 miles of sidewalks. Smooth, even sidewalks free of defects and debris provide a safe place for New Yorkers to walk, use a wheelchair, or push a stroller or shopping cart. NYC DOT is committed to making our pedestrian space safe and accessible for all.

Maintenance

NYC DOT's goal is to make the City's sidewalks safe for pedestrians and help prevent injuries caused by defective sidewalks. The City replaces more than two million square feet of sidewalk a year, mostly on City-owned property and in residential neighborhoods with predominately one, two and three family homes.

Sidewalks should be free of cracks or holes and have an even surface. NYC relies on property owners to maintain the sidewalk adjacent to their property, including repairs and removal of snow, ice, or debris.

Property owners are responsible for installing, repairing and maintaining sidewalks adjoining their properties ( Section 19-152 of New York City's Administrative Code ).

Property owners are potentially liable for personal injuries caused by their failure to maintain the sidewalk free of defects ( Section 7-210 of the New York City’s Administrative Code ). We encourage property owners to perform repairs to their sidewalk before a condition becomes a defect which may result in a Notice of Sidewalk Violation.

Common Sidewalk Defects

Sidewalk defects that can be cited with violations are listed in section 19-152 of the New York City Administrative Code .

Some of the common defects that could result in a violation:

Problems Caused by Tree Roots

If sidewalk problems are caused by tree roots, the property may be eligible for repair by the Department of Parks and Recreation (DPR) under their Trees and Sidewalks program . DPR also offers free consultations for property owners doing work around tree roots . Cutting or shaving the roots of City-owned trees is strictly prohibited.

NYC does not charge owners of one, two or three family properties for the repair of a sidewalk damaged by a City tree or tree roots.

Remove a Lien Due to City Tree Damage

The City will no longer issue a sidewalk violation for one, two and three family properties that have sidewalk damage caused solely by City trees.

NYC DOT has completed the review of all outstanding Notices of Sidewalk Violation for one, two and three family properties and determined which were caused solely by City street trees and will cancel the lien for any that meet the criteria.

Missing or Defective Curbs

Property owners are encouraged to repair or replace missing or defective curbs. NYC DOT may repair or replace missing and defective curbs at no cost to the property owner when performing sidewalk work related to a violation or when there is an active Curb Repair Contract.

Problems Caused by Others

If a sidewalk was damaged by a utility company or other contractor, the property owner must document the damage and reach out to the company who made the damage for repair. Search permits that NYC DOT has issued for an address or area . Claims against utility companies should be filed with their respective claims departments.

Inspections

NYC DOT inspects sidewalks throughout the city to ensure that they are safe. If inspectors find an unsafe sidewalk condition, a Notice of Sidewalk Violation will be issued to the property owner.

Notices of Sidewalk Violation

A sidewalk violation is an official notice issued by NYC DOT to a property owner, stating that the sidewalk is defective.

The City issues sidewalk violations to encourage property owners to repair their sidewalks to enhance public safety. There is no fine associated with a violation. A copy of the notice is filed with the County Clerk and remains on file until the Clerk receives official notification from the City that satisfactory repairs have been made. A violation may complicate selling or refinancing a property. Request the status or a copy of a sidewalk violation via NYC311

A property owner has 75 days to make a repair after a Notice of Sidewalk Violation has been received. If a property owner does not perform repairs within 75 days, NYC DOT may have a contractor perform the work, and the Department of Finance will bill the property owner pursuant to Section 19-152 of the New York City Administrative Code .

If a property owner received multiple Notices of Sidewalk Violation, the newest violation supersedes all previous notices. Every flag (sidewalk square) marked with a number on the Preliminary Inspection Report (the sketch included with the violation) must be replaced and any defects must be corrected.

Counting the 75 Days

The 75 days begins when the Notice of Sidewalk Violation is received by the property owner as indicated on the certified mail receipt. When the notice is not delivered by mail, the sidewalk violation will be posted on the property, and the posting date is the start of the 75 days.

The 75 day period is the same throughout the year. A contractor should be scheduled to perform the repairs as weather permits.

• NYC Sidewalks: A Property Owner’s Guide to Address Sidewalk Defects (pdf)
• Download a checklist for repairing a sidewalk (pdf)
• Hire a licensed contractor
• Obtain necessary permits
• Review Guidelines for the Design of Sidewalks (pdf) and Commercial District Sidewalk Design Standards
• Request a dismissal inspection when repairs are completed

Hire a contractor who is familiar with NYC DOT specifications for sidewalk repair. Start by searching the Department of Consumer Affairs’ (DCA) database of licensed contractors , to find a contractor or verify that the contractor is licensed.

Once a contractor has been selected, you may contact NYC311 to find out if there are any consumer complaints pending against them. DCA’s Quick Tips on Hiring Home Improvement Contractors DCA’s Consumer Guide to Home Improvement (pdf)

Before sidewalk repairs begin, be sure that the property owner and/or contractor has all necessary permits and information. Note: a sidewalk permit does not extend the 75 day period to start repairs.

Currently, the price of a sidewalk repair permit is $70 for every 300 linear feet of sidewalk for any one property. Multiple permits may be needed if work will be performed at a corner property or through lot. Sidewalk Construction Permit via nycstreets.net The Rules of the City of New York – Chapter 2: Highway Rules DDC’s Standard Details of Construction (pdf) NYC DOT Instructions for Filing Plans & Guidelines for the Design of Sidewalks (pdf)

Commercial District Pigmented Concrete Sidewalk Standards

NYC has a standard for pigmenting and scoring sidewalks to encourage an attractive, uniform appearance in the city’s busiest commercial areas ( Chapter 2 § 2-09(f)(4) of the Highway Rules ). Learn more about pigmented concrete in the Street Design Manual

Pigmented Sidewalk Rules Apply in Certain Commercial Districts

Pigmented concrete material must be used on sidewalks in front of all lots in commercial zoning districts C4-4 through C4-7, C5 and C6. This includes special purpose districts where such zoning is the underlying control, such as the Special Midtown District. Search NYC zoning maps by address, intersection or tax block and lot

Existing sidewalks in these commercial districts do not need to be replaced to meet the standard. These may remain as they are, unless replacement of more than 50 percent of the sidewalk in front of a lot is planned, then pigmented concrete must be used. Property owners may choose to use the pigmented concrete standard if replacing less than 50 percent of their sidewalk.

The standard does not apply to landmarked historic districts.

Public Design Commission (PDC) approval

Public Design Commission (PDC) approval is not required if the pigmented concrete is being used in the prescribed commercial districts (C4-4 to C4-7, C5 and C6). Outside of those districts it is considered distinctive and requires a Distinctive Sidewalk Maintenance Agreement with NYC DOT and PDC approval .

Properties within these commercial districts may still apply for distinctive sidewalks if they so choose, though this is discouraged by NYC DOT and PDC.

If you currently have a material other than standard concrete or wish to propose a material other than standard concrete for the sidewalk in front of your property, there are additional reviews required before you may begin construction or repair work. For properties with an existing concrete sidewalk, refer to the standard sidewalk material process (pdf) More information about sidewalk materials in the Street Design Manual

A vault could include basement space for a building, under a sidewalk. Fixing the sidewalk over a vault may require considerable structural work. If the defective portion of the sidewalk is over a vault, the property owner must repair the sidewalk privately. The City will not repair sidewalks over vaults or other structures.

NYC DOT's Expedited Sidewalk Repair Program

The Expedited Sidewalk Repair Program is on pause until further notice.

If sidewalk defects are not repaired within 75 days after a Notice of Sidewalk Violation is issued, NYC DOT may perform the sidewalk repair or hire a contractor to perform the work.

The property owner will receive a formal notification before the City's contractor arrives to perform the work. A consultant or representative of the City will photograph the sidewalk to document the condition before construction, mark the sidewalk flags that must be replaced, and then perform the necessary repair work.

After all defects have been repaired, the property owner will receive a bill from the Department of Finance and NYC DOT will notify the County Clerk’s Office to remove the violation from their records.

Cost of NYC DOT Sidewalk Repairs

To estimate the cost of the repair, multiply the estimated square footage shown on the Preliminary Inspection Report (PIR) by the cost per square foot shown on the letter (concrete cost is subject to change) that came with the Notice of Sidewalk Violation. If any of the area to be repaired is a driveway, use the seven inch (7”) concrete cost for that area, otherwise use the cost of four inch (4”) concrete. The final bill may reflect additional repairs required to remove all defective conditions.

If any sidewalk flag on the PIR (sketch) is marked with an "X", NYC DOT may replace the sidewalk flag at no charge to the property owner. A final decision regarding the replacement of such flag will be made by a Department of Design and Construction (DDC) engineer at the time of construction.

The property owner has 90 days to pay the bill before interest is added. After 90 days, interest will accrue and a monetary lien will be placed against the property. The contractor's work is guaranteed for 18 months from the end of the contract period.

Contesting Work Done by the City

If the City performs sidewalk repairs and the property owner is not satisfied with the quality of the work, the amount of work that was done, or the accuracy of the measurements used to calculate the bill, the property owner should make an appeal to the Department of Design and Construction (DDC).

• Contact a DDC Borough Office via NYC311 or DDC’s website. Telephone calls and personal visits will not be considered appeals.
• If a property owner is not satisfied with DDC’s response, file a Notice of Claim with the Office of the Comptroller .
• If the Comptroller's Office does not find in the property owner’s favor, the property owner may file a Petition of Appeal at the New York State Supreme Court, Small Claims Assessment Review Part . The petition forms are provided upon request, at no cost, by the County Clerk's office. To be eligible, the property owner must allege that at least 30 days have passed since the Notice of Claim was presented to the Office of the Comptroller and that they did not make a determination or denied the claim.

*Important: All of the above procedures must be followed in the exact order outlined above.

If the City contractor damages a sidewalk through its own negligence, the contractor must make the repairs at no cost. Please contact the DDC Borough Office or contact NYC311 and select DDC Services and Projects .

Claims for damage allegedly done by the City should be filed with the Office of the Comptroller within 90 days of the damage. Contact NYC311 for more information about How to File a Claim Against the City .

Once the sidewalk repairs are done, contact NYC311 to request a Sidewalk Violation Dismissal Inspection .

Have all of the following information ready:

• Permit number
• Property address
• Block and lot number
• Violation number
• Email address and phone number of the property owner

NYC DOT will send an inspector to verify that the work has been satisfactorily completed. Make sure that the entire sidewalk is visible before the inspection.

Contesting a Sidewalk Violation

If the sidewalk defect on the Notice of Sidewalk Violation does not match the sidewalk condition, a property owner may request a re-inspection within 75 days of receiving the notice.

Property owners should review the Preliminary Inspection Report (PIR) to check the width and other dimensions of the property. Check the location of trees, signs, utility caps, cellar doors, or other features. If the property details do not match the PIR, contact NYC311 to Appeal a Sidewalk Violation . NYC DOT will review the request and schedule a re-inspection within 180 days of the appeal.

A re-inspection is a second inspection of the sidewalk by a different inspector who does not have access to the report made by the first inspector. A property owner will be notified by mail at least five days before the re-inspection date. Inspectors will not come to the door, as they are prohibited from seeking out property owners when conducting re-inspections. This is the final inspection. The results of the re-inspection will be sent to the property owner.

Note: If the violation was issued to the incorrect property owner, please contact NYC311 to Appeal a Violation .

For other questions about sidewalks in New York City, or to share comments on the services of NYC DOT's sidewalk inspectors or private contractors, please contact NYC DOT online , NYC311 , or mail a letter to: Sidewalk Program NYC Department of Transportation 55 Water Street, 12th Floor New York, NY 10041

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• Sidewalk Accidents

Have you been hurt in a slip and fall on a sidewalk? If your accident was caused by negligent sidewalk repair or maintenance, uneven sidewalks, or other defects, you may have a claim to recover compensation for your injuries.

Sidewalk accident cases are complex as the city or a property owner may be responsible for maintenance. Goidel & Siegel Injury Lawyers has more than three decades of experience representing slip and fall accident victims and families in sidewalk accident cases. We are prepared to help you pursue fair compensation for the injuries you have sustained.

Who Is Responsible for Maintaining Sidewalks in New York City?

After an injury caused by a defective sidewalk, you may have a claim against the city, a business lessee, or a property owner.

Under New York City Administrative Code §7-210 , property owners are responsible for maintaining sidewalks abutting their property. The New York City Department of Transportation is responsible for maintaining NYC sidewalks on city-owned property and abutting single-family, two-family, and three-family residential homes.

Proving a New York Premises Liability Case

Property owners or the city have a duty to maintain sidewalks in reasonably safe condition. This comes with a duty to take reasonable steps to:

• Keep sidewalks free of oils or substances that pose a slip hazard
• Perform repairs promptly that meet New York City code if the sidewalk is cracked, uneven, crumbling, or otherwise dangerous
• Remove snow and ice in a timely fashion, usually within four hours after snow stops falling
• Replace temporary sidewalk bridges with permanent repairs before they collapse, break, or become dangerous

Not all cracks or damage to sidewalks rise to the level of a dangerous hazard. New York City Administrative Code states that uneven sidewalks with a height difference of at least a half-inch between slabs are unsafe. For other defects, many factors may be considered. In a premises liability case, a court will consider whether the hazard was open and obvious, the nature of the defects, the risk of injury from the defect, whether any preventative steps were taken, and how easy it would have been to avoid the hazard.

When sidewalks are not maintained correctly, they can become impassible for pedestrians with mobility issues. They can also pose a serious trip hazard that can lead to serious injury. Dangerous sidewalk conditions may include:

• Uplifting slabs due to tree roots
• Sinking slabs
• Pavement buckling from heat or water
• Settling concrete
• Crumbling concrete
• Large cracks
• Uneven sidewalks with a large height difference between slabs

To prove your case, your New York injury lawyer will gather evidence regarding how long the hazard has existed, whether the property owner was aware of the conditions, and whether measures that were taken, if any, were reasonable and adequate to protect pedestrians from harm. Witness statements from neighbors, code violations like the use of asphalt to “correct” uneven concrete slabs, and surveillance footage may all be valuable forms of evidence to build your case. The property owner may have even received a notice of violation (NOV) from the Department of Transportation for a sidewalk code violation which can strengthen your case.

If you were hurt due to a defective sidewalk the City of New York is responsible for maintaining, your case will have additional hurdles. A successful claim requires proving the city received “prior written notice” of the defective conditions that caused your injury. You must file a Notice of Claim within 90 days which gives the city a limited amount of time to request a hearing. After the hearing, you will be able to file a personal injury lawsuit.

Settlements We've Helped Recover

We obtained a $800,000 sidewalk fall injury settlement for our client.

Our injury attorneys put their reputation, resources, and experience to work on behalf of a woman who tripped and fell on a defective sidewalk in Manhattan. After building a strong case with the necessary evidence we recovered an $800,000 settlement. Check out other settlements on our Case Results page.

Contact a New York Sidewalk Accident Lawyer for a Free Consultation

Premises liability claims involving defective sidewalks are complex, especially if they involve city-owned sidewalks or falls caused by snow or ice. It’s crucial to work with an experienced New York injury lawyer who knows how to build your case with the evidence necessary.

At Goidel & Siegel Injury Lawyers, we have decades of experience handling all types of premises liability cases. We will put our reputation, resources, and experience to work on your behalf. Our multilingual New York trial lawyers have extensive courtroom experience. This means insurance companies take our law firm seriously during negotiations because they understand we are prepared to take a case to court if necessary.

Contact our law office today for a free case review with our New York defective sidewalk lawyers to discuss what we can do to help you. We can meet with you in our office, during a virtual consultation, or anywhere you are comfortable.

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New York Uneven Pavement/Sidewalk Injury Attorney

The New York sidewalk and pavement accident lawyer Leandros A. Vrionedes has spent over three decades helping injured accident victims recover damages after injuries caused by negligent parties. Our premises liability legal team is dedicated to helping sidewalk accident victims and victims of other pavement or property accidents secure the medical care and monetary compensation they deserve. We help uneven pavement and sidewalk trip and fall victims obtain remuneration for their medical bills, lost income, pain and suffering, and other damages.

Our personal injury legal team has the time, resources, and dedication to build your strongest case for maximum compensation. We are ready to fight for your right to recover against landlords, municipal agencies, insurance companies, property renters, building owners, general contractors, subcontractors, large corporations, and any other parties who should be held responsible for your injuries.

If you or someone you care about has been hurt in a fall due to an uneven pavement or hazardous sidewalk, Leandros A. Vrionedes is ready to hear from you.

Who Is Responsible for Sidewalk Injuries?

When you slip on a wet floor inside a store, liability is relatively clear: If the store knew or should have known about the wet floor, then the store is liable. When accidents happen on the street, however, it can be more challenging to determine who can or should be held liable. If you trip over an uneven, unsafe sidewalk, who is to blame? The city? The state? A construction company? The owner of the nearest building? The business owner renting that building?

In New York City, the answer is: It depends. Generally speaking, if the sidewalk abuts a piece of commercial property, then the property owner is responsible for maintaining the sidewalk. If the sidewalk is uneven and otherwise improperly maintained, the property owner can be held liable for any injuries that result.

If a sidewalk is on City-owned property, on the other hand, then the City or a particular municipal agency may be the proper target for a legal claim. Moreover, the rule holding property owners liable excludes owner-occupied residential properties. The rule is meant to force owners of commercial real estate to maintain sidewalks outside their property, not to burden homeowners with sidewalk maintenance. The City takes responsibility for City-owned property as well as for residential neighborhoods with one-, two-, or three-family homes. As long as these homes are owner-occupied, the City is responsible for the sidewalks abutting their property, pursuant to NYC Administrative Code 7-210, aka “the Sidewalk Law.”

Under certain circumstances, liability may also fall on a general contractor or subcontractor.

Identifying the proper party to hold liable is one of the most challenging aspects of a sidewalk trip and fall injury claim. New York sidewalk and pavement injury lawyer Leandros A. Vrionedes is ready to investigate the circumstances of your accident to determine who may be held liable, build the strongest case for relief, and fight to maximize your recovery.

Seasoned Injury Lawyer Fighting for You After a Sidewalk or Pavement Injury

New York injury lawyer Leandros A. Vrionedes has dedicated years of practice to helping injured New Yorkers recover the compensation they are owed after an accident on someone else’s property. If you were hurt due to a cracked, uneven, water-logged, icy, or otherwise unsafe sidewalk or slab of pavement, you are entitled to compensation. We’ll help you recover your damages from all manner of injuries, including:

• Cracked skull
• Facial damage
• Knee injuries
• Hand, arm, and wrist injuries
• Traumatic brain injury
• Strains and sprains
• Broken bones
• Cuts, lacerations, and severe scrapes
• Spinal cord damage
• Bruised muscles
• Ankle and foot injuries
• Wrongful death

Call New York Personal Injury Attorney Leandros A. Vrionedes for Help After an Uneven Sidewalk or Pavement Accident

If you were hurt in a sidewalk or pavement fall on someone else’s property, get help from a seasoned personal injury lawyer with decades of experience going toe-to-toe with the biggest property owners, insurance companies, and other parties. Contact NYC premises liability and sidewalk accident lawyer Leandros A. Vrionedes for a consultation on your injury case at 212-889-9362.

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Slip and Falls on New York Sidewalks

New York City has a large number of sidewalks. The city’s sidewalk system consists of almost 13,000 miles of sidewalks throughout the five boroughs, including Queens, that help millions of people reach their destinations. Although sidewalks are not always maintained in a safe condition, this can lead to accidents and injuries resulting from trip and fall incidents. 

There are many factors that can cause pedestrians to trip and fall or slip and fall, including uneven pavement, potholes, cracks, depressions, tree pits, snow and ice, debris, and other defects that can cause a pedestrian to slip and fall. It may be possible to hold the party responsible for the safe maintenance of that area liable for their negligence and for any damages the victim sustained if the fall was caused by an unsafe or dangerous condition. In the event that someone slips and falls on another person’s property, the owner of the property is liable if the hazard was created by the owner or should have been made aware of and corrected by the owner. There is an easier determination of liability in these circumstances. For instance, when an individual slips and falls in a grocery store, and there was a hazard that the store should have fixed, the store is liable. The question often arises as to who is liable for injuries sustained as a result of a sidewalk slip and fall accident, particularly when there was a clear hazard that could or should have been corrected. The majority of people injured in sidewalk slip and fall accidents do not wish to be responsible for their hospital bills and lost wages on their own. It can be challenging for victims to determine who is responsible for their damages, but it is important for them to hold that person accountable. 

There are over 8.6 million residents who weave through 13,000 miles of sidewalks in New York City, which means accidents are inevitable, especially if sidewalks are not maintained in a safe manner. Consequently, dangerous conditions may result, including large cracks, uneven pavement, or icy surfaces. It is helpful to understand how sidewalk liability works in general, but do not assume how it might apply to a victim’s specific case. Contact a Queens slip and fall lawyer to schedule a confidential, no-cost consultation to learn more about their rights and options if they have been injured in a sidewalk slip and fall accident. 

What Causes Sidewalk Slip And Fall Accidents In New York City?

In New York, there are a number of reasons why a person might slip and fall on a sidewalk. As a result of poor maintenance, inadequate repair, or faulty construction, city sidewalks are often cracked, broken, or uneven. As a result, pedestrian safety is further compromised when these defects are ignored.

 It is also not uncommon for sidewalks to develop potholes over time. It is common for New York City sidewalk pothole accidents to occur in late winter or early spring. During this period, snow and rain make their way through cracks in the sidewalk and unrepaired sections. The water under the pavement expands when the temperature drops below freezing and causes it to lift as a result. A hole is created under the pavement when the soil thaws and weakens. Potholes are formed as a result of foot traffic breaking the pavement over time. 

The most common causes of sidewalk slip and fall accidents are:

Uneven sidewalks

Mileveled sidewalk flags

Cracked sidewalks

Snow, ice, or other build-ups of other weather-related hazards

Tree roots coming out of the sidewalk

Debris or slippery substances left without cleaning them

Common Sidewalk Slip And Fall Injuries

In many cities, slips and falls are the leading cause of injuries. Depending on the angle and surface of the sidewalk, pedestrians may suffer different types of injuries. The injuries sustained by older people tend to be more severe than those suffered by younger people. Various factors contribute to this, including decreased reaction time and weaker or more fragile bodies. Disability-related sidewalk injuries are also common among those who are disabled and cannot maneuver around defects or slippery areas in the sidewalk. Cracked, raised, and broken sidewalks can cause wheelchair riders to fall out of their seats as well. Whether a slip and fall victim fell from a height or for some other reason, hitting the ground suddenly and unexpectedly can result in a wide range of serious traumatic injuries. The most common injuries sustained in sidewalk slip and fall accidents can include, but are not limited to:

Concussions/Brain Injuries

Concussions are most commonly caused by collisions between the victim’s head and the ground in slip and fall accidents. Even when the head does not make contact with a stationary object, violent shaking can cause a concussion as well. There is a wide range of symptoms associated with concussions, including (but not limited to) headaches, confusion, feeling “fuzzy”, dizziness, ringing in the ears, and nausea. It is also possible that a slip and fall victim with a concussion may lose consciousness. 

When a person falls, their head may strike the ground or another object they may also sustain a traumatic brain injury (TBI). An injury from a traumatic brain injury may be as minor as a concussion, a bump, or a bruise or as severe as a skull fracture, hematoma, or subarachnoid hemorrhage. Severe traumatic brain injuries can impact a person’s quality of life significantly due to the impairment of brain function, seizures, and loss of control of the body. 

Broken Bones

Slip and fall accidents can cause broken bones as a result of the forces involved. This occurs when the bones are subjected to more pressure than it is capable of withstanding. Therefore, when a person falls, they are often subjected to a stressful force in various bones in their body, causing them to break. It is important to note that while elderly individuals are particularly prone to suffering bone fractures as a result of a fall, accidents can result in fractures in any part of the body. Hip fractures, wrist fractures, and ankle fractures are some of the most common types of broken bones in slip and fall accidents. However, individuals should remember that from a legal perspective, the age or health of a victim at the time of their injury does not matter. The negligence of another person does not diminish a victim’s right to recover financial compensation for their unique injuries even if they are more fragile than others. 

As a result of the potential for severe complications, fractures in hips are among the most dangerous types of fractures. It is important to note, however, that broken bones in the lower legs, arms, rib cage, shoulders, and collarbone area can also require long-term treatment and recovery. 

Spinal Cord Injuries

As a result of slip and fall accidents on sidewalks, vertebrae can fracture, and slipped or herniated discs may occur, affecting mobility and causing significant pain. There are a number of possible consequences of injuries to the spinal cord, including paralysis, temporary paralysis, neurological impairments, and even death. It is estimated that more than a quarter of spinal cord injuries occur as a result of falls and that the majority of spinal cord injuries occur among individuals over the age of 65. 

Among the painful and debilitating injuries caused by slips and falls are spinal cord injuries (SCI). There are many symptoms and effects associated with SCI, including pain, limited mobility, and total or partial paralysis, among others. Depending on how much damage has been done to the spinal cord, spinal cord injuries can be classified as either complete or incomplete. 

Neck & Shoulder & Arm Injuries

Injuries to the shoulder and neck are caused by falling and landing on the shoulder or neck. There are several types of neck injuries, including those caused by damage to the spinal cord and those caused by injuries to muscles, ligaments, and tendons in the neck. The injury can also occur due to overexertion when an individual attempts to catch themselves after falling. The term whiplash refers to a condition in which the upper spinal cord and the soft tissue in the neck are damaged by sudden and violent movement. A slip and fall accident provides the perfect circumstance for whiplash to occur. 

The attempt to brace oneself following a fall (which is almost everyone’s natural response) may cause wrist injuries and elbow injuries as well. The wrist, elbow, shoulder, and neck are especially susceptible to fractures as well as to injuries to nerves and soft tissues. A wide variety of injuries may result from these types of accidents, such as muscle sprains, spinal injuries, or even paralysis, The most common shoulder injury caused by falls is dislocated shoulder, a torn nerve, or a fractured collarbone. 

A variety of treatment options are available depending on the extent of the injury, including rest, ice, compression, elevation (RICE), physical therapy, and surgery. The pain associated with even the most minor neck, shoulder, wrist, and elbow injuries can be excruciating and may require surgery. 

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Pedestrian Accident Lawyer

Pedestrians have a duty to watch out for their own safety. Everyone should be aware of their surroundings. But no one should be afraid to walk or run on a sidewalk. When faulty sidewalks cause serious injuries, the law holds the negligent party responsible for failing to keep their property in a safe condition. In New York City, that responsible party may be the property owner or the local government.

Dangerous sidewalk conditions in New York City and elsewhere include the following:

• Broken or cracked concrete, brick or stone surfaces
• Sidewalks with gaps between flat surfaces and adjacent steps
• Uneven concrete slabs, possibly due to erosion
• Wet, icy or snow-covered surfaces
• Garbage-ridden surfaces that may trigger trip-and-fall accidents

Greenberg Law P.C. is a valuable source of advocacy for people injured in sidewalk accidents. We are a family of trial lawyers who represent people who have suffered broken bones, head injuries and other painful injuries on defective or unkept sidewalks in New York City. We also accept cases statewide, as well as in New Jersey and Connecticut.

What To Do After A Sidewalk Accident

When someone has been injured on a sidewalk in New York or anywhere in the nearby region, timely legal action can be paramount. Most importantly, an experienced legal team should launch a prompt investigation, gathering facts, including:

• The nature of the injuries and the injured person’s long-term prognosis
• The condition of the sidewalk at the time of the trip or slip and fall
• Names and contact information for eyewitnesses and property owners

Time is of the essence after a serious accident on dangerous premises. If you wait too long to get this kind of investigation underway, valuable evidence may soon be lost forever. An injured pedestrian is welcome to ask our attorneys, in a free consultation, how to file a premises liability claim or lawsuit .

Request A Free Consultation With A Lawyer

Trust our family-run law firm to help. We have more than 30 years of combined legal experience representing numerous clients who had suffered accidental injuries on sidewalks and steps in the city and beyond. We will evaluate New York City’s relevant sidewalk maintenance laws to help settle or litigate your unique sidewalk injury case.

If you or someone you love was injured on a poorly maintained or defective sidewalk, contact our attorneys at Greenberg Law P.C. today. Complete our simple online form with no further obligation or call 212-972-5656 .

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New York City Sidewalk Fall Injury Lawyer

Home > New York Personal Injury Law Firm > NYC Slip and Fall Lawyer > New York City Sidewalk Fall Injury Lawyer

New York City is built for foot traffic, and with 56% of households foregoing a vehicle, it has the lowest car ownership rate in the nation. Naturally, New Yorkers do a lot of travel by sidewalk. But when sidewalks are in disrepair, it can lead to serious injury or even death.

A fall on a poorly-maintained NYC sidewalk can cause multiple injuries – physical, psychological, and financial. In the most serious cases, sidewalk falls can even be fatal, placing enormous emotional and monetary strain on loved ones left behind. If you or a loved one have been injured on a NY sidewalk, speak with a New York City slip and fall lawyer at Friedman, Levy, Goldfarb & Green. We fight for the rights of those who have been injured, tirelessly pursuing full compensation.

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Common Injuries Caused by Sidewalk Falls in New York

You could face a variety of injuries after falling on a sidewalk. You might suffer little more than a bruised ego if you are lucky. However, these falls often result in far more severe harm. From head injuries to broken bones, injuries from a sidewalk fall could dramatically impact your life.

It is essential to understand that not all slip and fall accidents are the same. The part of your body that absorbs the impact is most likely to sustain injury. For example, you are more likely to injure your wrist or arm when you reach out to break your fall.

Some common sidewalk fall injuries include:

• Broken bones . Fractures are one of the most common serious injuries to result from a fall. The part of the body that you land on will largely determine where fractures might occur. For example, broken hips are common in falls, as are broken arms and wrists.
• Spinal injuries . Damage to the spinal cord is one of the most severe injuries that can happen in a fall. If the spinal cord is damaged, you could face paralysis for the remainder of your life. Spinal injuries can occur in the neck or the back.
• Traumatic brain injuries, or TBIs, occur from an impact to the head, which jolts the brain, causing a concussion. If the blow to your head is severe enough, you could even suffer damage to the connective tissue between your spinal cord and brain.
• Soft tissue injuries . Many types of soft tissue injuries can occur in a fall. The least severe involve bruising. More serious soft tissue injuries involve damage to ligaments or tendons. While they can heal–in some cases, you might need surgery.

When Can A Sidewalk Fall Lead To A Personal Injury Lawsuit?

Not every fall on the sidewalk gives rise to a viable personal injury claim. To hold someone accountable for slip and fall injuries – either through a lawsuit or an insurance claim – the injury victim must provide evidence of the potential defendant’s negligence.

When you meet with a sidewalk injury attorney, he or she will be looking for the information needed to determine whether someone else was legally responsible for the fall.

Some of the questions that the attorney will be looking to answer will include:

• Where was the sidewalk located?
• Who owned the property adjacent to the sidewalk?
• Who was present when the fall occurred?
• What condition caused the fall?
• Did any person or entity have control over the area?
• Did your actions contribute to the fall?

Even someone who was partly to blame for their fall may recover against a more at-fault party. Under the state’s contributory negligence law, a claimant’s culpability does not bar them from financial recovery.

Sharing blame for your fall will reduce the amount of compensation available in proportion with the contributory negligence. For example, if you sustain $100,000 in damages but bear 20% of the blame for the fall, the most you can recover from the defendant is $80,000.

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Who Can I Sue For A Sidewalk Fall Injury?

Who is responsible for a NY sidewalk? Local laws determine who is responsible for a sidewalk , and this plays a large part in figuring out who is to blame for a sidewalk fall.

In many cases, the owner of the property abutting a sidewalk is responsible for its maintenance and repair. Other potentially liable parties can include landlords, property managers, and those hired to maintain the area.

New York City Administrative Code alters this general rule in Manhattan, Brooklyn, and all across NYC, and in many cases makes it more difficult to bring a lawsuit. Under local law, the City of New York is responsible for sidewalks abutting owner-occupied 1-, 2-, and 3-residence homes. However, it prevents those injured in sidewalk falls from filing a sidewalk negligence lawsuit unless they can show that the City had prior written notice of the defective condition of the sidewalk.

Proving Negligence For A Slip And Fall On NYC Sidewalk

To prove that a defendant was at fault for a fall on the sidewalk, the plaintiff or claimant must present evidence that the defendant knew or should have known of a dangerous condition of the sidewalk and that the condition was a substantial factor in the fall.

Commonly, the defendant will point the finger back at the plaintiff as the potentially at-fault party in an attempt to reduce or eliminate any monetary award to the plaintiff. This can be intimidating for someone to endure after an injury, but an experienced attorney will be prepared for these types of claims.

Seek Justice for Your Injuries. Let Us Fight for You. Call today!

Causes of Sidewalk Accidents

Poor maintenance and weather lead to many slip or trip and fall injuries in New York.

Some of the most common reasons they occur are:

• Cracks and holes from seasonal freeze and thaw cycles
• Ice and snow
• Debris such as yard waste
• Uneven pavement caused by settling under the concrete, uplifting by tree roots, or other causes

The burden is on the plaintiff to pinpoint the cause of the fall after a slip and fall accident . It pays to act quickly to preserve any evidence of it to support an injury claim. Take photos of the area and the object or other hazard that led to the fall. Take notes about the surroundings and landmarks. Obtain the contact information of any witnesses to the fall. Where applicable, file a report with the landlord of the nearby property or the police.

What to expect after a sidewalk fall

Some sidewalk falls can lead to minor injuries like strains, bruises, cuts, but in other cases, the damage can be more severe and include head trauma, broken bones, and in some cases, even death. In either case, it helps to know what to do after a slip and fall accident.

If you have any reason to suspect an injury, seek medical treatment as quickly as possible. This will help protect your legal rights and may also improve your medical outcome. Speak to an experienced lawyer as soon as you can. Laws, called statutes of limitations, limit how long injured parties have to file a claim for a personal injury such as a trip and fall on the sidewalk, so there is no time to waste. If the defendant is a municipal entity, a Notice of Claim is required within 90 days of the accident and a lawsuit must be filed within one year and 90 days. Your lawyer will also guide you through the insurance or litigation process with assurance.

A skilled sidewalk injury lawyer can help you understand what your claim is worth. Most personal injury cases are resolved voluntarily by the parties, but a minority of cases proceed to trial.

In either case, sidewalk fall settlements and verdicts depend on a number of factors such as:

• Degree of injury
• Amount of medical bills
• Whether ongoing treatment is necessary
• Impact on others who depend on the injured person
• Other injuries such as emotional distress caused by the fall

The slip and fall attorneys at Friedman, Levy, Goldfarb & Green work with medical professionals and other experts to explain to judges and juries why the fall occurred and how it led to the injury and any lasting effects. Our team of expert witnesses help juries understand what fair compensation is for the losses sustained because of the fall.

Speak With A Sidewalk Injury Attorney

If you have sustained an injury on a New York sidewalk, learn more by reading our frequently asked questions about slip and fall and then speak with an NYC slip and fall injury lawyer at Friedman, Levy, Goldfarb & Green.

For decades our committed advocates have given unmatched personal attention to our clients while fighting for maximum compensation. We focus solely on personal injury cases and are available 24/7 to speak. Call today for a free confidential consultation with one of our distinguished New York sidewalk fall lawyers.

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Additional “fall on the sidewalk lawsuit” resources:

• Centers for Disease Control and Prevention, Important Facts about Falls, https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html
• New York City, New York City Administrative Code Sidewalk Rules, http://www.nyc.gov/html/dot/html/infrastructure/19-152.shtml
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Defective Sidewalks

According to the  New York City DOT website , the City has over 12,000 miles of sidewalks. Many portions of these sidewalks are, unfortunately, unsafe and may result in injury.

If you fall because of, for example, broken pavement, an uneven sidewalk, loose brick, or an uneven tree well, you may have a claim for damages against the City of New York or an abutting landowner.

Generally, the so-called New York City “Sidewalk Law”,  NYC Administrative Code section 7-210 , shifts liability from the City to non-residential abutting property owners.

An owner of non-exempt real property abutting a public sidewalk is liable if he or she: (1) created the dangerous condition; (2) had prior actual or constructive notice of its existence; or (3) enjoyed a special use of the public sidewalk. The City will remain liable, however, for any defect on any public sidewalk if it is established that it caused or created the dangerous condition alleged.

Section 19-152 of the New York City Administrative Code , entitled “Duties and Obligations of Property Owners With Respect to Sidewalks and Lots”, outlines property owners’ duties more specifically. It provides, in part:

The owner of any real property, at his or her own cost and expense, shall (1) install, construct, repave, reconstruct and repair the sidewalk flags in front of or abutting such property, including but not limited to the intersection quadrant for corner property, and (2) fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property whenever the commissioner of the department shall so order or direct. The commissioner shall so order or direct the owner to reinstall, construct, reconstruct, repave or repair a defective sidewalk flag in front of or abutting such property, including but not limited to the intersection quadrant for corner property or fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property after an inspection of such real property by a departmental inspector.

If you have been injured due to a defective condition on a New York City sidewalk,  contact us  today for a free consultation.

Related Resources:

• Pospis Law Blog – Sidewalk/Roadway Defects
• New York City DOT – Sidewalk Maintenance and Repairs
• New York City DOT – Administrative Code Sidewalk Rules