Question 1

Who is responsible for maintaining sidewalks in New York City?

Accepted Answer

In New York City, most adjacent property owners are responsible for maintaining the sidewalk next to their property, including repairs and snow/ice removal. This commonly applies to commercial buildings, apartment buildings, retail properties, offices, and condominiums. Owner-occupied one-, two-, or three-family homes used exclusively for residential purposes are generally treated differently, and liability may fall on the City in certain situations.

Question 2

Who is liable for a slip and fall on a NYC sidewalk?

Accepted Answer

Liability depends on where the fall happened and who controlled the sidewalk area. The responsible party may be the adjacent property owner, a landlord or management company, a retail tenant, a contractor who created or contributed to the hazard, or the City of New York in specific cases.

Question 3

Can you sue the City of New York for a sidewalk injury?

Accepted Answer

Yes, but City liability is limited. The City is typically liable only when it had prior written notice of the defect or when it affirmatively created the hazardous condition. Proving these requirements often requires quick evidence preservation and investigation.

Question 4

What is “prior written notice,” and why does it matter in NYC sidewalk cases?

Accepted Answer

Prior written notice generally refers to written documentation that the City was informed about a sidewalk defect before an injury occurred, such as complaints, inspections, or records documenting the condition. In many cases against the City, this notice requirement can be a key factor in whether a claim can proceed.

Question 5

Who is responsible for injuries caused by snow or ice on a NYC sidewalk?

Accepted Answer

Snow and ice liability often depends on who was responsible for clearing the sidewalk and how long the condition remained after the storm. Many claims involve adjacent property owners who did not clear snow or ice within a reasonable time. City liability may apply only in specific circumstances, such as when the City controls the sidewalk area or certain conditions suggest the City created the hazard.

Question 6

What are common defective sidewalk conditions that can cause a fall?

Accepted Answer

Common sidewalk hazards include cracked or crumbling concrete, raised or uneven slabs, shifting pavement caused by tree roots, holes or missing sections, and slippery conditions from ice or snow. These defects can lead to trip-and-fall or slip-and-fall injuries, including fractures, ligament damage, back injuries, and head trauma.

Question 7

Who do you sue after a sidewalk accident in New York City?

Accepted Answer

The correct defendant depends on identifying the exact accident location and who owned or controlled the adjacent property. Potential defendants can include a commercial property owner, landlord or management company, retail tenant, contractor, or the City of New York. Determining the right party usually requires reviewing property records and maintenance responsibility.

Question 8

What should you do after a slip and fall on a NYC sidewalk?

Accepted Answer

Seek medical care immediately and document the scene as soon as possible. If you can, take photographs of the defect, note weather conditions, and gather witness information. Because sidewalk conditions can be repaired quickly, preserving evidence early can be critical to proving liability.

Question 9

What is the deadline to file a Notice of Claim if the City is involved?

Accepted Answer

If the claim involves the City of New York, a Notice of Claim generally must be filed within 90 days of the incident. Missing this deadline can bar the claim entirely, so prompt action is important.

Greenspan & Greenspan, P.C.

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