You’re walking on the sidewalk in New York City and trip over uneven concrete or slip on ice. Now, you may be facing significant injuries, medical costs, or time off from work. Naturally, you wonder who is responsible for your injury and whether you can sue the government for the hazardous condition.
An NYC sidewalk accident lawyer can evaluate your specific accident details to provide guidance. For general information on sidewalk maintenance laws and negligence lawsuits, review this detailed guide from our premises liability lawyers in NYC below. Our team from Ross & Hill explains who might be liable for negligent maintenance and the timeline for filing a lawsuit.
What You Should Know About Accidents on Sidewalks in NYC
In the state of New York, injuries related to falls rank as the leading cause of hospitalizations from injuries in adults over 25 and children between 0 and 14. Falls happen at home, at work, and outside from many causes. When traveling on sidewalks, pedestrians may trip over uneven surfaces, slip on icy or slick cement, or lose their balance from other hazardous conditions.
Many know New York to be a walkable city, where residents travel to work, the grocery store, the pharmacy, and all other day-to-day stops via foot and subway. With this heavy foot traffic comes the potential for increased wear on sidewalk surfaces and more hazards. On a crowded street, you may not be able to see a crack in the cement or a slick, icy spot in time.
To add to this, New York sees significant winter weather. In the 2024 to 2025 season, Central Park got 12.9 inches of snow. Some winters, the city gets as much as 50 to 60 inches or more.
When snow isn’t shoveled quickly or ice isn’t addressed, people may slip and suffer severe injuries. A slip, trip, or fall can cause anything from bone fractures, bruises, or ligament tears to traumatic brain injuries or spinal cord damage requiring long-term rehabilitation. If you’re facing high medical costs, consider consulting an NYC sidewalk accident lawyer to discuss your options.
Who’s Responsible?
So, if you get hurt in a slip and fall on a sidewalk, who’s responsible? Understanding the potential liable parties helps you know whether you have a valid claim against a government authority or other entity. Consider the following parties that may be responsible:
- A business owner: A business owner is legally responsible for keeping the sidewalk adjoining their commercial property reasonably safe. They may be liable if they fail to repair defects or neglect to remove snow and ice within a reasonable time, creating a hazard that leads to damages.
- A property owner or landlord: Residential and commercial property owners must also maintain sidewalks outside of their buildings. This includes repairing cracks, holes, and uneven pavement and properly clearing snow and ice.
- The city or municipality: The City of New York is responsible for maintaining sidewalks adjoining properties owned by government authorities, such as the public library.
As you can see by this list, the majority of sidewalks in New York are legally maintained by the adjoining property owner, whether commercial or residential, rather than the government. There are exceptions, however. For example, if a city tree grows into a residential property’s adjoining sidewalk, causing damage that requires repairs, the city could be responsible.
When Can You Sue the City for a Sidewalk Fall in NYC?
While it may be less common, some cases still do constitute a lawsuit against a municipal body for a sidewalk fall in NYC. Typically, the following elements must be present:
- The fall must have occurred on a sidewalk that’s legally maintained by the city.
- The fall must have occurred from a dangerous condition or from neglected maintenance.
If the fall occurred on the sidewalk adjoining a residential, commercial, or vacant lot, the associated property owner may be held liable. If the conditions causing the accident were associated with neglectful maintenance from the city, such as overgrown tree roots, multiple parties could be responsible. Because of these complexities, it may be advisable to consult an NYC sidewalk accident lawyer to better understand who’s potentially responsible for your accident.
How Cases Involving Municipal Liability Differ From Standard Lawsuits
When a case does involve a government body, it’s important to understand a few key distinctions. To start, these lawsuits require stricter statutes of limitations. You must file your Notice of Claim within 90 days, and then you have one year to file the lawsuit, versus the typical three-year timeframe.
Government entities also have access to strong defense resources, meaning they’re prepared to rebut even seemingly valid arguments of negligence with significant evidence. It’s important to protect your rights immediately after the accident by seeking prompt medical attention, maintaining all records, and speaking with an NYC sidewalk accident lawyer if possible.
Are You Looking for a Personal Injury Law Firm in New York?
Our NYC sidewalk accident lawyers at Ross & Hill frequently deal with premises liability and slip, trip, or fall claims. For legal representation, call us at (646) 351-6222.
FAQs Answered by an NYC Premises Liability Lawyer
Find answers to commonly asked questions below.
How Long Do You Have To File a Sidewalk Injury Claim Against the City?
If you’re filing a lawsuit against a New York City government authority, you have 90 days to file your Notice of Claim. From here, you have one year to file your formal complaint (lawsuit).
Can You File a Slip-and-Fall Lawsuit Against the Government if You Were Hurt on an Icy Sidewalk?
You may potentially sue a government entity for slipping on an icy sidewalk if the accident happened outside of a city building. A few exceptions apply here, so consider speaking with an NYC sidewalk accident lawyer about your case.
Who’s Responsible for Shoveling Snow From Sidewalks?
The property owner of the building adjoining the sidewalk, whether residential, commercial, or vacant, is responsible for shoveling snow. New York mandates specific timeframes for how quickly the snow must be shoveled.
