Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue New York City for falling on a broken sidewalk?
Yes, but only if you file a Notice of Claim within 90 days of the injury. NYC sidewalk liability shifted to abutting property owners under Local Law 49, but the city retains liability for sidewalks adjacent to city-owned property such as parks and municipal buildings. You must also prove the city had actual or constructive notice of the defect.
What is the deadline to sue the city after a sidewalk fall in New York?
You must file a Notice of Claim within 90 days of the accident, then commence the lawsuit within one year and 90 days. Missing the Notice of Claim deadline typically bars your case permanently. While CPLR §214 sets a 3-year statute of limitations for general negligence, the shorter municipal deadline controls when the city is a defendant.
Who is liable for sidewalk injuries in NYC — the city or the property owner?
Under NYC Admin. Code §7-210, abutting property owners are generally responsible for maintaining sidewalks and can be sued for negligence in failing to do so. The city retains liability for defects adjacent to parks, city-owned buildings, and other municipal property. Both parties may share liability depending on the specific location and circumstances.
What do you need to prove to win a sidewalk fall lawsuit in New York?
You must establish that the responsible party had actual or constructive notice of the dangerous condition and failed to correct it within a reasonable time. You must also prove the defect was a proximate cause of your fall and that you suffered compensable injuries. New York follows comparative negligence rules, so your recovery may be reduced if you are found partly at fault.