Can I Sue NYC for Tripping and Falling on a Broken Sidewalk?

Sidewalk defects are a common sight in New York City. Cracks, uneven pavement, missing concrete slabs, and loose bricks can create serious tripping hazards for pedestrians navigating the city’s busy streets. If you trip and fall because of a broken sidewalk, you could suffer painful injuries, medical bills, lost time from work, and ongoing physical limitations.

Naturally, many injured pedestrians wonder: Can I sue the City of New York for my sidewalk accident?

The answer is: sometimes—but not always. The issue of sidewalk liability in NYC is more complicated than people expect. In many cases, the city is not the party responsible for sidewalk maintenance. Understanding who is legally liable is crucial if you want to pursue compensation for your injuries.

At Leandros A. Vrionedes, P.C., we have years of experience handling trip and fall claims and working through the special procedures that apply when a city or municipality is involved. Here’s what you need to know about your rights after a sidewalk accident in New York City. For specific advice tailored to your unique circumstances after a sidewalk trip and fall in Manhattan, Brooklyn, Queens or the Bronx, contact our office to speak with a dedicated New York sidewalk trip and fall accident lawyer.

Who Is Responsible for Sidewalk Maintenance in NYC?

For decades, many people assumed that the City of New York was responsible for all public sidewalks. That’s no longer the case. Under New York City Administrative Code §7-210, the responsibility for maintaining most sidewalks belongs to the adjacent property owner.

This rule applies to commercial buildings, multi-family apartment buildings with more than three units, and most mixed-use properties. The property owner is required to keep the sidewalk in a reasonably safe condition. If the sidewalk is cracked, uneven, or otherwise hazardous, and someone trips and falls as a result, the adjacent property owner is usually the party who can be held liable—not the city.

However, there are important exceptions. The City of New York typically remains responsible for sidewalks that are next to single-family, owner-occupied homes used exclusively as residences. In those situations, the city retains maintenance and liability obligations.

Additionally, the city is still responsible for defects that involve city-owned property, such as:

• Sidewalks in front of public buildings
• Sidewalks in city parks
• Sidewalks with defective city infrastructure, like manhole covers, utility gratings, or tree pits

Determining ownership and responsibility is one of the first steps in any sidewalk trip and fall case.

Proving Liability in NYC: Notice Is Key

In order to successfully sue the City of New York in cases where they may be liable, it is not enough that their negligence is responsible for your accident. You must also prove that the city had prior written notice of the defective sidewalk condition at least 15 days before your accident. This is a strict legal requirement under New York City law.

Prior written notice can come from formal complaints, city inspection reports, or inclusion in the city’s “Big Apple Map,” which catalogs known sidewalk defects.

If no prior written notice exists, the city may be immune from liability, even if the sidewalk was clearly broken. This notice requirement is one of the most significant hurdles in bringing a sidewalk claim against NYC.

When suing a private property owner, the notice requirement is still important, but it’s slightly less rigid. You must show that the property owner either created the dangerous condition or knew or should have known about it and failed to fix it in a reasonable amount of time. There are often many different ways to prove the owner’s actual or constructive notice based on the circumstances.

Special Rules When Suing NYC

In addition to the notice requirement discussed above, if you are pursuing a claim against the City of New York, you must follow specific procedures and meet strict deadlines:

• You must file a Notice of Claim with the city within 90 days of the accident. This step is mandatory.
• The city has the right to conduct a 50-h hearing, which is similar to a deposition.
• A formal lawsuit against the city must be filed within one year and 90 days from the date of the accident.

Missing these deadlines can result in your case being dismissed, regardless of the merits.

In contrast, when you are suing a private property owner instead of the city, the statute of limitations is typically three years from the date of the accident.

Types of Compensation Available After a Sidewalk Trip and Fall in NYC

Whether you are suing the city or a private property owner, you may be entitled to compensation for all the different types of harm you have suffered or will continue to suffer due to the accident and injury. This typically includes:

• Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and future treatment
• Lost wages and loss of future earning capacity if your injuries prevent you from working
• Pain and suffering, including both physical pain and emotional distress
• Permanent disability, scarring, or disfigurement, if applicable

Because trip and fall injuries often involve broken bones, head injuries, or back injuries, the impact on your life can be significant and long-lasting. A skilled attorney can help you pursue the full value of your claim.

Let an Experienced NYC Trip and Fall Lawyer Help You

Suing the City of New York is complicated. There are strict deadlines, specific notice requirements, and unique legal defenses that can trip up even well-prepared plaintiffs. Determining who is legally responsible for the sidewalk where you fell is also not always obvious.

At Leandros A. Vrionedes, P.C., we understand the nuances of New York City sidewalk liability and have successfully handled trip and fall cases against both private property owners and the city itself. We will thoroughly investigate your accident, determine the correct party to sue, and make sure all filing deadlines are met.

If you’ve been injured after tripping and falling on a broken sidewalk in NYC, don’t wait. Contact us today for a free consultation. We’ll help you understand your rights, evaluate your case, and fight for the compensation you deserve.