WHO IS RESPONSIBLE FOR NEW YORK CITY SIDEWALK DEFECTS?

So you tripped and fell over a raised, uneven, broken or defective sidewalk in the City of New York.  Who is responsible for fixing the sidewalk?  Who is liable for injuries suffered?  Who do I sue?

 

Well, in New York City the owner of the property adjoining the sidewalk is responsible for fixing the sidewalk.  Whether the abutting property is a vacant lot, single family home, an apartment building, or a commercial skyscraper, it does not matter.  In every instance, the adjoining owner is responsible for fixing sidewalk defects at their own expense, whether or not the City has issued a violation for the defect.  Such is true whether the defect is a raise, crack, hole, snow, or ice.

 

When  a violation is issued and the owner fails to repair the condition in the allotted time, then the City of New York may make the repairs and bill and/or fine the owner.  When the City of New York is the owner of the adjoining property they are responsible for the repairs.  Further, there are certain sidewalks that the City of New York has agreed to maintain over the years through written agreements, as a matter of public policy, even though they do not own the property.  An example would be the sidewalk in front of the main branch of the Public Library in Manhattan.

 

But who do you sue if you are injured due to a broken sidewalk condition? 

 

Under a law passed in 2003 and applicable to all accidents since that date, the owner of the adjoining property is liable for any injury for the failure to maintain the sidewalk in a reasonably safe condition.  However, when the adjoining property consists of one, two or three family residential real property that is in whole or part owner occupied and used exclusively for residential purposes, then the City of New York is the entity that is be liable for the compensating injured parties.  The controlling law is New York City Administrative Code Section 7-210.

  

Of course, just because you fell and are injured does not mean that a recovery is automatic.  There are many other obstacles to overcome and rules to consider.  For example, there are statutes of limitations and notice of claim requirements that have to be met.  There will be questions of whether the responsible party had notice of the condition or created the condition.  Was the condition trivial,  open and obvious, easily avoided, caused by or owned by a third party such as a contractor, caused by a storm in progress, not part of the sidewalk at all, but actually the curb or a tree well?  All such questions must be considered before a determination is made as to whether there is an actionable lawsuit.

 

If you tripped or slipped and were injured you can call us for a free consultation.

 

SILER & INGBER, LLP is a New York law firm that concentrates in personal injury actions such as construction accidents, motor vehicle accidents, bicycle accidents, premises liability, trip and falls, slip and falls, snow and ice cases, workplace injuries. Contact us at 1-877-529-4343.