Cracked, raised, and broken sidewalks are everywhere in New York City. They cause broken wrists, torn knees, facial injuries, and worse.
Many people assume the City is responsible. Usually it is not.
Who Is Responsible for the Sidewalk
Tripped on a broken sidewalk in NYC?
In most cases, the owner of the property next to the sidewalk is responsible for keeping it safe, not the City. There are exceptions, including one-to-three family homes where the owner lives and that are used only as a residence.
There is an exception for one, two, and three family homes that are owner occupied and used only as residences. For those, the City may be responsible, and the City's special rules apply.
Hazards That Cause Falls
- Raised or sunken sidewalk flags
- Cracks and holes
- Tree roots lifting the pavement
- Broken curbs
- Cellar doors and metal grates
- Snow and ice not cleared in a reasonable time
When the City Is the Defendant
The City generally cannot be held responsible for a street or sidewalk defect unless it had prior written notice of that defect. We search the available records for it.
Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Do This Now
- Photograph the defect up close and from a distance, with the nearest building address in the shot.
- Measure the height difference if you can. A coin or a shoe in the photo helps.
- Write down the exact location.
- Get witness names.
- See a doctor right away.
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
Because it is not always clear at first who owns the property, treat every sidewalk case as if the 90 day deadline applies.
Common Questions
How do you find out who owns the property?
We pull the public property records and confirm the owner and any managing agent before we send anything.
The defect was small. Do I have a case?
There is no minimum height rule in New York. Courts look at the size, shape, location, and lighting together.
I tripped at a construction site sidewalk shed. Who is responsible?
Possibly the owner, the contractor, or both. We investigate each.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.