The Role of NYC’s Department of Transportation in Sidewalk Accidents

New York City’s sidewalks are traveled by millions of people every day. From daily commuters to tourists, pedestrians rely on the city to keep these walkways reasonably safe. When a sidewalk is broken, uneven, or otherwise dangerous, a serious fall can occur. The question then becomes: who is responsible? In many cases, the New York City Department of Transportation (DOT) plays a key role. See below to understand how the DOT’s policies and maintenance responsibilities affect sidewalk accident claims, including determining liability and recovering compensation. If you’ve been injured on a dangerous or defective sidewalk in Manhattan, Queens, Brooklyn or the Bronx, contact Leandros A. Vrionedes, P.C., to speak with an experienced NYC sidewalk trip and fall accident lawyer.

The DOT’s Responsibility for Sidewalk Safety

The NYC Department of Transportation oversees more than 12,000 miles of sidewalks across the five boroughs. Its responsibilities include:

• Inspecting sidewalks for defects and hazards
• Overseeing sidewalk repair and maintenance programs
• Responding to complaints and written notices of defective conditions
• Enforcing laws that require property owners to maintain adjacent sidewalks

While the DOT has broad authority over the city’s streets and sidewalks, that does not mean the agency is automatically responsible for every accident that happens on them. Liability depends on whether the DOT or another party had notice of the defect and failed to act within a reasonable time.

The City’s Prior Written Notice Requirement

Under New York City Administrative Code §7-201(c)(2), the City—including the DOT—generally cannot be held liable for a sidewalk defect unless it had prior written notice of the dangerous condition. This law protects the City from being sued over hazards it was unaware of.

Prior written notice can come from several sources, such as reports filed directly with the DOT or other city agencies, or previous claims or lawsuits involving the same location. Under the code section, conditions can be “defective, unsafe, dangerous or obstructed.” Notice can be about the condition itself or an actual injury to person or property that resulted from the condition. A claim can also be filed if the city acknowledged in writing the condition but failed or neglected to repair or remove the condition or otherwise make the sidewalk reasonably safe within 15 days of receipt of notice.

If there’s no record that the City had written notice of the defect before the accident, your claim against the City will likely fail unless one of two exceptions applies. Those exceptions occur when:

1. The City’s own work created the defect, or
2. The sidewalk served a “special use” that benefited the City directly.

The DOT’s Role in Repairing Sidewalks

The DOT oversees repairs for certain sidewalks but also delegates maintenance responsibilities to property owners. Since 2003, the NYC Administrative Code §7-210 has required most property owners to maintain and repair the sidewalks adjacent to their property.

That means if you trip on a sidewalk defect outside a store, apartment building, or office, the property owner, not the City, is usually responsible for fixing the problem and may be liable if they fail to do so.

However, the DOT still repairs sidewalks damaged by tree roots, or sidewalks adjacent to one-, two- or three-family owner-occupied homes used exclusively for residential purposes. When these exceptions apply, the DOT (and therefore the City) may share liability for a pedestrian’s injuries if it failed to maintain or repair the sidewalk after receiving notice of a defect.

An experienced sidewalk accident attorney will be able to determine whether the sidewalk is city-owned and which party is responsible for maintenance and repair, and therefore liable for a trip and fall accident due to a dangerous condition.

How DOT Inspections and Records Affect Your Claim

The DOT’s inspection and maintenance records can provide critical evidence in a sidewalk accident case. These records can reveal:

• Whether the DOT was notified of the defect before the accident
• How long the defect existed before your fall
• Whether any repairs were scheduled, ordered, or completed
• Whether the City had previously acknowledged the condition
• Whether the City issued a violation to the property owner to make necessary repairs

An attorney familiar with sidewalk accident litigation can request and review these records to determine if the DOT or another City agency may be held liable. A notice of violation to a private property owner can also be strong evidence in holding the property owner liable in appropriate cases. The timing and content of those records often make the difference between a dismissed claim and a successful recovery.

Notice, Negligence, and Comparative Fault

Even if the DOT had prior notice, you must still show that the City was negligent, meaning it failed to take reasonable steps to repair the sidewalk or warn the public within a reasonable time. The longer a known hazard remains unaddressed, the stronger your claim becomes.

New York’s comparative fault rule also applies to these cases. If you were found partially responsible for your accident—for example, if you were distracted and failed to notice an obvious condition—your compensation could be reduced proportionally to your share of fault. Defendants in sidewalk accident cases often use this argument to reduce their liability or deny a claim, but the evidence does not always support their version of events. A skilled attorney can help counter these arguments and present evidence showing the City’s sole or primary responsibility.

Why Legal Help Is Essential in Claims Against the DOT

Claims against the DOT and the City of New York involve strict rules and deadlines. Before you can file a lawsuit, you must first submit a Notice of Claim within 90 days of the accident. The City then has 30 days to request a hearing before you can proceed with a lawsuit in court.

Missing this deadline can bar your right to compensation entirely. Moreover, proving that the DOT had notice and failed to act requires careful investigation and access to City records that are not easily obtained without legal assistance.

Get Help From an Experienced New York Sidewalk Accident Attorney

If you were injured in a sidewalk trip and fall accident in New York City, it’s important to understand how the DOT’s responsibilities and limitations affect your case. Whether your claim involves a City-maintained sidewalk or one owned by a private property owner, you need a knowledgeable lawyer to identify the correct party and gather the evidence needed to prove negligence.

At Leandros A. Vrionedes, P.C., we have extensive experience holding both property owners and the City accountable for unsafe sidewalks. We know how to navigate the City’s notice requirements, access DOT records, and fight for the full compensation you deserve.

Contact our office today to speak with an experienced New York sidewalk accident lawyer and learn your rights after a fall on a defective sidewalk.