Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is a Notice of Claim and why does it matter for a trip and fall against NYC?
A Notice of Claim is a formal written notice that must be served on the city within 90 days of your accident under General Municipal Law §50-e. Without it, you cannot sue New York City or most other municipal entities for personal injury. The notice must include the location, date, time, and nature of your injuries.
How long do you have to file a trip and fall lawsuit against a city in New York?
Under CPLR §214, you have three years from the date of your accident to file a lawsuit. However, for municipal defendants like NYC, you must also serve the Notice of Claim within 90 days—missing that deadline can bar your entire case even if the three-year period has not expired.
What must you prove to win a trip and fall case against a city?
You must show that the city owned or controlled the property, that a dangerous condition existed, and that the city had actual or constructive notice of that condition and failed to remedy it within a reasonable time. Constructive notice means the defect was visible and apparent long enough that city workers should have discovered and repaired it.
Does NYC have special rules about sidewalk trip and fall claims?
Yes. Under NYC Administrative Code §7-210, property owners—not the city—are generally responsible for adjacent sidewalk maintenance. However, the city remains liable for sidewalks abutting city-owned property, parks, and certain other exceptions. Identifying the correct liable party is critical before filing your Notice of Claim.