Sidewalks are supposed to be safe places to walk. But in a busy city like New York, even a simple walk can turn dangerous. The city is said to have about 12,000 miles of sidewalks, yet accidents happen all the time.
Cracks, potholes, sunken concrete, or uneven slabs can easily cause someone to trip and get seriously hurt. If that happens to you, it’s important to know who’s at fault and what the law says about it.
Let’s break it down together.
What the Law Says About Sidewalks in NYC
A lot of property owners in New York think sidewalks are the city’s responsibility. That’s not true in most cases. According to the NYC Administrative Code § 7-210, if you’re a property owner, you’re responsible for keeping the sidewalk in front of your building safe and in good shape.
So, if someone trips on a cracked or broken sidewalk outside your property, you could be held responsible for their injuries and medical bills.
One exception: If the sidewalk is outside a one, two, or three-family home that’s owner-occupied, the city may take care of the repairs. But this only applies in certain cases, and even then, proving liability can get tricky. You can get more details here.
What Causes Sidewalk Injuries?
Most sidewalk accidents happen because of poor conditions. Some of the most common problems include:
- Deep cracks and holes
- Uneven or sunken slabs caused by shifting soil or growing tree roots
- Ice or snow that hasn’t been cleared
- Obstructions like trash, construction debris, or parked vehicles
- Poorly built or damaged sidewalks
These issues make walking unsafe, especially for children, seniors, or anyone with mobility issues.
Who Can Be Held Responsible?
There are two main parties who might be responsible if someone gets hurt on a sidewalk:
The City
The city may be responsible only when:
- The sidewalk is in front of city-owned buildings
- The damage was caused by a city project
- The sidewalk is outside an owner-occupied one, two, or three-family home
Property Owners
For most other cases, it’s the property owner’s job to fix sidewalk damage. If someone gets hurt, the owner can be sued for negligence.
How to Tell Who’s Liable
If someone gets hurt on the sidewalk near your property, figuring out who’s responsible isn’t always simple. But a few key questions can help you sort it out.
First, check who owns the property next to the sidewalk. This is usually the first step in determining who holds the legal responsibility. Your lawyer or local property records can help confirm ownership.
Next, think about who’s supposed to maintain the sidewalk. In most cases, it’s the property owner. But if the damage was caused by city tree roots or nearby construction, the city or contractor might be responsible instead.
Take a close look at what caused the damage. Was it normal wear and tear? Or did a tree root push the concrete up? Maybe poor construction led to the problem. The cause matters when figuring out who should pay for repairs.
Also, think about how long the damage has been there. Property owners are expected to fix problems in a reasonable amount of time. If they knew about it and didn’t act, they could be held liable for any injuries.
How to Prove the Property Owner Was at Fault
If you get hurt, you’ll need evidence to back up your claim. Here’s what helps:
- Clear photos or videos of the sidewalk damage
- Witnesses who saw what happened
- City records showing past complaints or violations
- A copy of any official sidewalk violation notices issued by the city
Gathering this information early makes your case stronger and helps your attorney fight for compensation.
Tips for Property Owners: How to Stay Safe and Avoid Lawsuits
If you own property in New York City, the sidewalk in front of your home is your responsibility. A few simple steps can help keep it safe and protect you from lawsuits. Take a short walk around your property every few weeks. Look closely at the sidewalk. Check for cracks, loose concrete, or sections that have lifted due to tree roots.
If you see damage, act fast. Don’t wait. Call a licensed sidewalk contractors like Eden Pro Contractors and schedule repairs as soon as you can. In winter, always clear snow and ice quickly. Use salt or sand to keep the surface safe. Most injuries happen when sidewalks get slippery.
Keep your sidewalk clean. Don’t let trash, branches, or small items build up. Even something small can cause someone to trip and fall. Make sure your insurance policy includes sidewalk coverage. If someone gets hurt, liability insurance can save you from costly legal trouble.
Watch out for tree roots. If damage is caused by a city-owned tree, report it to 311. The city may be responsible but keep a record. If you get a violation notice from the Department of Transportation, don’t ignore it. Fix the problem or gather proof to fight the claim.
Staying on top of sidewalk care is good for your neighbors and good for your wallet. A little effort now can save you big problems later.
Final Thoughts
Getting injured on a sidewalk isn’t just painful, it can also lead to a long legal process. But knowing your rights makes a big difference. Learn who’s responsible, collect your evidence, and talk to a lawyer as soon as you can.
If you’re a property owner, staying on top of sidewalk maintenance isn’t just about following the law, it’s about keeping your neighbors, customers, and your reputation safe.
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