Traveling on foot is often a necessity when you live in the Big Apple, and thousands of people traverse the city’s sidewalks each day. In Times Square alone, pedestrian counts sometimes exceed 85,000 per hour during peak tourist season.
Despite the heavy levels of foot traffic across the city, sidewalks are not always maintained to the necessary standards to prevent injuries. Sidewalk grates, in particular, can pose a serious hazard to pedestrians, and NYC sidewalk accident lawyers often help accident victims pursue compensation after these incidents.
Who is responsible for accidents involving sidewalk grates? Learn more below, then consult a premises liability lawyer in New York for personalized legal guidance.
What Are Sidewalk Grate Accidents?
New York has approximately 12,000 miles of sidewalks spread across the city, and some reports estimate that 39,000 metal grates cover recessed spaces in these sidewalks. There are several types of “sidewalk grates” that span the city’s sidewalks:
- Grates that provide ventilation for the underground subway system
- Metal covers for utility vaults
- Doors that provide cellar access for nearby property owners
If you pay attention, you’ll notice that many pedestrians avoid walking over sidewalk grates for fear that the grate will collapse, they will drop something through the slats, or they will trip on the raised surface. While well-maintained sidewalk grates are generally safe to walk on, they can certainly pose a hazard without proper maintenance and timely repairs.
Sidewalk grate accidents occur when a person trips, slips, or otherwise experiences an injury on a hazardous metal sidewalk grate. If you were injured on a sidewalk grate, an NYC sidewalk accident lawyer can help you understand your legal options.
How Can Sidewalk Grates Cause Injuries?
Many people avoid walking on sidewalk grates in NYC because they do not trust these structures to support their weight. But sidewalk grates can also pose other hazards that could place you at risk of an injury, especially if they are damaged or do not meet the necessary safety and structural standards.
A person can become injured due to:
- Loose grates that shift or rotate when a person walks on them
- Sharp metal pieces protruding from broken grates
- Grates that have sunken into the ground or protrude above the ground, creating a tripping hazard
- Grates that have become weakened over time and can no longer support the necessary weight
An NYC sidewalk accident lawyer can help you understand whether you may have a legal case after this type of incident.
Who Is Responsible for Sidewalk Grate Accidents?
Understanding who might be legally liable for a sidewalk grate accident starts with determining who was responsible for maintaining the grate.
First, NYC sidewalk rules declare that property owners are responsible for keeping the sidewalks abutting their properties in reasonably safe condition. Failing to do so could leave the property owner liable for injuries that occur.
However, who is responsible for maintaining the grates on sidewalks? New York City’s 34 RCNY § 2-07 states that the owners of gratings or coverings on a street are responsible for monitoring the condition of the grates, the concrete pads installed around the grates, and the 12-inch radius around the grates. The same statute dictates that:
- Sidewalk grates should be flush with the surrounding street surface.
- The owner is responsible for repairing or replacing grates that extend 1/2-inch or higher above or below the street surface, or that are in any defective condition.
- Underground facility covers should state the name or registered markings of the owner for identification purposes
This statute makes it clear that the “owner” of a sidewalk grate is responsible for maintaining it and, thus, may be responsible for injuries that occur. But how do you determine who the owner of a grate is?
If the sidewalk grate acts as a vent for the subway system, the City of New York may be responsible for maintaining it. NYC 311 maintains a webpage for reporting sidewalk grating complaints, including grates that are damaged, missing, or in danger of creating a tripping hazard.
The webpage directs users to the page for “Buses and Subways” to report issues with grates over the subway system. The Metropolitan Transportation Authority (MTA) is responsible for managing the subway and other public transportation.
If the grate leads to underground utilities, the utility company or the City may be responsible for maintaining it. And if the grate leads to a cellar, the property owner who owns that cellar may be responsible.
Determining sidewalk accident liability after a grate incident can be challenging, but an NYC sidewalk accident lawyer can help you sort out who might be at fault.
Request a Consultation With Our Personal Injury Law Firm in New York
New York City residents have the right to safe sidewalks that allow them to get from point A to point B without fear of tripping or becoming injured. If you were injured in a sidewalk grate accident, our NYC broken sidewalk accident lawyers can help you understand your rights and options.
Learn more about hiring an NYC sidewalk accident lawyer, then call Ross & Hill at (646) 351-6222 for a free consultation.
Frequently Asked Questions
Is the City liable if you trip on a sidewalk grate?
The City, or the party responsible for maintaining the sidewalk grate, may be liable if the grate poses a tripping hazard. Under 34 RCNY § 2-07, sidewalk grates should be flush with the nearby street surface and shouldn’t generally pose a tripping hazard. Speak with an NYC premises liability lawyer about your potential for legal action.
Should you report a sidewalk injury to the City?
If you were injured due to a broken municipal sidewalk or grate, you will generally want to report the incident to the city. Consult an NYC sidewalk accident lawyer first to avoid potentially interfering with the compensation process.
Has anyone ever fallen through a sidewalk grate in NYC?
While not as common as other types of grate accidents, several documented incidents have occurred in which a person fell through a sidewalk grate or cellar door, causing serious injuries and even fatalities.
