Can You Sue After Falling on a Sidewalk in NY?

Liability depends on who controls the sidewalk. Under NYC Administrative Code §7-210, abutting property owners — not the city — are generally responsible for maintaining the sidewalk in front of their building. One- and two-family homes occupied by the owner are typically exempt. If the city owns or maintains the sidewalk, a separate claim against the municipality applies with stricter procedural rules.

Yes. Before suing New York City for a sidewalk injury, you must file a Notice of Claim with the Office of the Comptroller within 90 days of the accident. Missing this deadline almost always bars your claim against the city entirely. Once filed, the city has 30 days to investigate before you can commence suit.

You must show that a dangerous condition existed — such as a cracked slab, raised lip, or ice buildup — and that the owner or occupier knew or should have known about it (constructive notice). You also need to prove the defect caused your fall and that you suffered measurable damages. New York courts often scrutinize whether the defect was trivial, so documentation and photos are critical.

For claims against private property owners, CPLR §214 gives you three years from the date of injury. Claims against a municipality are more compressed: you must serve the 90-day Notice of Claim and then file suit within one year and 90 days of the accident. Acting quickly preserves evidence and keeps both deadlines open.