Uneven Sidewalk Lawsuit in New York: Can You Sue?

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.

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.

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.

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.

When New York City is a defendant, two deadlines apply. You must serve a Notice of Claim within 90 days of the accident under General Municipal Law § 50-e, then commence the lawsuit within one year and 90 days of the injury. That is a shorter window than the three-year CPLR § 214 limitations period that governs claims against private property owners. Missing the 90-day Notice of Claim deadline almost always bars the case, no matter how clear the City's negligence.

Notice is only one element. Beyond showing the responsible party had actual or constructive notice of the defect, you must prove the uneven sidewalk was the proximate cause of your fall and that you suffered damages. Photographs of the defect, 311 complaint records, and witness statements are often the evidence that ties these elements together.