The Most Dangerous Intersections in New York
A fall on a New York City sidewalk can change a person’s life instantly. The cost of medical care, time missed from work, and the uncertainty of the recovery process leave many people searching for answers. When a slip and fall on sidewalk pavement occurs because the walkway was not adequately maintained, the injured person deserves a clear explanation of who is responsible. New York law provides guidance, but every sidewalk case requires a careful review of where the fall happened and who was in control of the area.
This guide will help you understand liability, how to identify the correct responsible party, and take the next steps toward financial recovery.
How Defective Sidewalks Create Serious Risks
New York City sidewalks deteriorate quickly due to constant use, weather fluctuations, and environmental conditions. Concrete can shift or crumble. Tree roots push sidewalk slabs upward. Water freezes and expands, leading to cracks. Snow accumulates, creating hidden patches of ice. These conditions can lead to a trip and fall on uneven sidewalk surfaces, resulting in significant injuries.
Fractures, ligament damage, back injuries, and head trauma are all common outcomes of sidewalk falls. When a hazard is present long enough that it should have been repaired or removed, an injured pedestrian may pursue a claim. Many people seek guidance from a New York City broken sidewalk accident lawyer who can investigate the property’s maintenance history and ownership.
Examples of Defective Sidewalk Conditions
Sidewalk accidents in New York City occur in many ways. A pedestrian may fall when a concrete slab is raised several inches above the next one. A shopper may slip on untreated ice after a storm. Loose or shifting pavement outside a commercial building may cause a worker to fall and suffer injury. Each of these hazards requires a legal analysis to determine fault and the appropriate defendant.
Every case is different, but many of these accidents are preventable when sidewalks are adequately maintained.
Who Maintains Sidewalks in New York City?
The New York City Administrative Code places responsibility for sidewalk maintenance on most adjacent property owners. This rule applies to commercial buildings, apartment complexes, retail stores, offices, and condominiums. These owners must repair cracks, replace broken slabs, remove snow and ice, and maintain the sidewalk in a reasonably safe condition.
A slip and fall on a sidewalk outside one of these properties often creates liability for the owner. However, the rule does not apply to owner-occupied one-, two-, or three-family residential homes used exclusively for private living. In such cases, the City may be responsible for the condition of the sidewalk.
Because responsibility varies based on ownership and use, determining liability requires a detailed investigation of property records, maintenance logs, and inspection history.
Can You Sue the City for a Sidewalk Injury?
Many injured pedestrians ask a straightforward question: Can you sue the city if you fall on the sidewalk? Under New York law, the City is only liable when it had prior written notice of the sidewalk defect or when it affirmatively created the hazard. Written notice may arise from complaints, inspections, or certain maps documenting the defect.
If there is no written notice, the City may not be held liable unless it directly caused the dangerous condition. These rules make it essential to gather evidence quickly. Photographs, witness accounts, and maintenance records help determine whether the City or the adjacent property owner is responsible.
Sidewalk Injuries Caused by Ice or Snow
Winter weather creates additional risk. Many falls occur because someone did not clear the snow or ice promptly. A slip and fall on icy sidewalk areas can lead to serious injuries, especially when freezing temperatures persist over several days.
Property owners generally have a limited window of time after a storm to clear snow and ice. The City’s liability may arise only in specific circumstances, such as when it controls the sidewalk or when a known drainage issue repeatedly causes refreezing. Establishing responsibility requires evaluating when the snow stopped, how long the ice remained on the sidewalk, and the steps taken to make the sidewalk safe.
Who Do You Sue After a Sidewalk Accident?
Victims often ask, Who do I sue if I slip and fall on a sidewalk? The answer begins with identifying the exact location of the fall. The responsible party could be:
- A commercial property owner,
- A landlord or management company,
- A retail tenant,
- A contractor who created or contributed to the hazard, and
- The City of New York.
A Bronx slip and fall attorney examines photographs, survey maps, maintenance records, and property deeds to determine ownership and control. This information determines whether the case proceeds against a private entity or involves municipal liability.
Understanding the Sidewalk Claims Process
The process of pursuing a sidewalk fall lawsuit requires several steps. First, evidence must be collected before conditions change. Photographs of the defect, measurements of the height difference, and documentation of the weather conditions at the time of the injury are all relevant. Medical care should be sought immediately to ensure that injuries are correctly diagnosed and documented.
If the City is involved, strict deadlines apply. The injured party must file a Notice of Claim within 90 days. Missing this deadline may result in the claim being barred entirely. Private property claims operate under different timelines but still require prompt action to preserve evidence and build the case.
Insurance companies often dispute liability or argue that the defect was minor or insignificant. A detailed investigation helps overcome these defenses.
Speak With Greenspan & Greenspan After a Sidewalk Injury
Sidewalk cases in New York City demand careful analysis of property ownership, notice requirements, and maintenance responsibilities. Greenspan & Greenspan has decades of experience representing injured pedestrians, and our team understands the evidence required to pursue these claims successfully. We take a detailed, thorough approach to identifying the responsible party and guiding clients through every step of the process.
If an unsafe sidewalk caused your injuries, legal guidance can help you understand your rights and pursue the compensation you deserve. Contact Greenspan & Greenspan to discuss your case and learn how an attorney can assist you after a sidewalk fall.
