Uneven Sidewalk Lawsuit in New York: Can You Sue?

In New York, you can sue for an uneven sidewalk injury if the property owner had actual or constructive notice of the defect. NYC municipal sidewalk claims require a 90-day Notice of Claim and must be filed within 3 years under CPLR §214.

Last updated June 2026
Laurence P. Banville, New York personal injury attorney
Laurence P. Banville Managing Partner · NY & D.C. Bars

Frequently asked questions

Who is liable for an uneven sidewalk injury in New York?

Liability depends on who controls the sidewalk. Under NYC Administrative Code § 7-210, abutting property owners are responsible for maintaining sidewalks in front of their buildings and can be held liable for injuries caused by defects. The City of New York may be liable when it owns the abutting property or when it created the defect.

How long do I have to file an uneven sidewalk lawsuit in New York?

The standard statute of limitations under CPLR § 214 is three years from the date of your injury. However, if the City of New York or another municipal entity is a defendant, you must first file a Notice of Claim within 90 days of the accident before you can sue — missing this deadline typically bars your claim.

What does "notice" mean in a New York sidewalk injury case?

To hold a property owner liable, you must generally show they had actual notice (they knew about the defect) or constructive notice (the defect was visible and existed long enough that a reasonable inspection would have revealed it). Evidence such as prior complaints, 311 service requests, or prior trip-and-fall incidents at the same location can establish constructive notice against the City.

What types of sidewalk defects can support a lawsuit in New York?

Common defects include raised or sunken concrete slabs, cracks wider than one inch, tree-root heaving, broken pavement, and missing or crumbling edges. New York courts have applied the "trivial defect" doctrine to dismiss claims involving very minor height differentials, so documenting the exact size, location, and condition of the defect at the time of your fall is critical.

Laurence P. Banville

Reviewed by Laurence P. Banville, Esq.

Managing Partner, Banville Law · New York & D.C. Bars

Laurence Banville is a New York personal injury attorney and the Managing Partner of Banville Law. Born in County Wexford, Ireland, he earned his law degree summa cum laude from University College Dublin and once defended insurance companies in product-liability litigation — experience he now uses for injured New Yorkers. He has been named to the Irish Legal 100 and the Irish Echo’s Top 40 Under 40, and is an AVVO Rated attorney.

NY Bar D.C. Bar Irish Legal 100 AVVO Rated AAJ Member

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