Who Is Responsible for a New York City Sidewalk Fall?

If you trip on a broken sidewalk in New York City, the first question is not how badly you are hurt. It is who was responsible for that stretch of pavement, because the answer decides whom you can sue and how long you have.

The general rule: the adjoining owner

Under New York City Administrative Code § 7-210, the owner of the property that abuts a sidewalk must keep that sidewalk in a reasonably safe condition, and is liable to a person injured because the owner failed to do so. That covers broken or uneven flags, holes, and the failure to remove snow, ice, and dirt.

For most commercial buildings and apartment buildings, then, the claim is against the property owner, and the ordinary three-year deadline for negligence claims applies (CPLR 214(5)).

The exception: small owner-occupied homes

The rule does not apply to one-, two-, or three-family residential properties that are owner-occupied, in whole or in part, and used exclusively for residential purposes. For a sidewalk in front of one of those homes, the City generally remains the responsible party.

That matters a great deal, because a claim against the City comes with a 90-day notice of claim requirement (General Municipal Law § 50-e) and a lawsuit deadline of one year and 90 days (General Municipal Law § 50-i).

Suing the City: the prior written notice rule

Even where the City is the responsible party, it generally cannot be held liable for a sidewalk or street defect unless it had prior written notice of that specific defect and failed to repair it within 15 days (Administrative Code § 7-201(c)(2)). Courts recognize two narrow exceptions: where the City's own work immediately created the defect, and where the City made a special use of that spot for its own benefit.

Proving prior written notice usually means searching the City's records and maps for that location. It is specialized work, and it has to start early.

Snow and ice

Owners and occupants must clear snow and ice from the sidewalk within four hours after the snow stops falling, not counting the hours between 9:00 p.m. and 7:00 a.m. (Administrative Code § 16-123).

Timing matters in another way. Under what courts call the "storm in progress" rule, a property owner is generally not liable for a fall on snow or ice that built up during a storm until a reasonable time after the storm has ended. Weather records for the day of the fall are often the most important evidence in the case.

What you have to prove

In any case about a dangerous condition on property, the injured person generally must show that the owner either created the condition or knew about it, or should have known about it because it was visible and had been there long enough to be found and fixed.

That is why evidence gathered at the start carries so much weight:

• Photographs of the exact spot, taken before it is repaired
• The address of the building the sidewalk runs past
• Names and numbers of witnesses
• The shoes you were wearing
• Records of your medical treatment from the first visit on

Outside the five boroughs

The rules above are New York City's. In Nassau and Suffolk Counties, and elsewhere in the state, responsibility for a sidewalk turns on the local town or village code, and many municipalities have their own prior written notice laws.

Do not guess at the deadline

You often cannot tell from the street whether a building is an owner-occupied two-family house or a rental property. Until someone has checked, treat the 90-day deadline as if it applies.

If you were hurt in a sidewalk fall, call the office promptly. For more, see Personal Injury and the 90-day notice of claim.