Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who is responsible for sidewalk defects in New York City?
Under NYC Administrative Code §7-210, adjacent property owners are generally responsible for maintaining sidewalks abutting their property. However, the City of New York remains liable for sidewalks next to city-owned property, parks, and certain other exceptions. Identifying the correct defendant is critical before filing.
What is the deadline to sue NYC for a sidewalk trip and fall?
Before you can sue the City, you must file a Notice of Claim within 90 days of the accident under General Municipal Law §50-e. After that, you have 1 year and 90 days to file suit. Missing the Notice of Claim deadline typically bars your case entirely.
What do you need to prove to win a sidewalk trip and fall case against NYC?
You must show that the City had actual or constructive notice of the sidewalk defect — meaning the City either knew about the hazard or should have discovered it through reasonable inspection. Evidence such as prior 311 complaints, repair records, or a defect that existed long enough to be discovered can establish notice.
What if the sidewalk defect was caused by a tree root or utility work?
Sidewalk damage caused by City-owned tree roots or municipal utility work may keep liability with the City even where §7-210 would otherwise shift responsibility to the adjacent property owner. These cases require careful investigation to determine which party controlled the condition that caused your fall.