Was It My Fault That I Tripped and Fell on the Sidewalk?
Understanding Fault, Negligence, and Your Rights After a New York Sidewalk Fall
Tripping and falling on a cracked or broken sidewalk can happen in an instant — one uneven slab, loose brick, or hidden hole is all it takes. After the initial shock, pain, and maybe even embarrassment wear off, many people find themselves asking the same question: “Was it my fault that I fell?”
Property owners and their insurance companies often want you to think so. They may argue that you were clumsy, distracted, or not paying attention, hoping you’ll feel too embarrassed or guilty to pursue a claim. But the truth is, sidewalk trip and fall accidents are often the result of dangerous conditions that property owners or the City of New York failed to fix, despite their legal duty to maintain safe walkways.
You can find important information below to help you understand when a trip and fall is someone else’s fault and how to fight back when insurance companies try to blame the victim. For more information or immediate assistance with a premises liability claim in Brooklyn, the Bronx, Manhattan or Queens, contact Leandros A. Vrionedes, P.C., to speak with an experienced and successful New York City sidewalk trip and fall accident lawyer.
Who Is Responsible for Keeping Sidewalks Safe?
In NYC, sidewalk maintenance is not always the city’s responsibility. In most cases, in fact, private property owners are legally responsible for keeping the sidewalk in front of their building in good repair. Under New York City Administrative Code § 7-210, the city only assumes responsibility for sidewalks adjacent to one-or two-family residential properties that are at least partly owner-occupied, as well as sidewalks abutting City-owned property.
Claims against the city have strict deadlines and notice requirements, so if you suspect the city might be involved or aren’t sure one way or another, it’s critical to speak with a lawyer quickly to protect your claim.
In any event, either the city or a private property owner has a legal responsibility to keep their sidewalk free of dangerous conditions, such as:
- Cracks or uneven slabs
- Loose or missing pavement
- Raised edges caused by tree roots
- Holes, debris, or obstructions
- Broken curbs or dangerous slopes
If a defect is significant enough to create a hazard for pedestrians and the owner knew about it or should have known about it but failed to address it, they can be held liable for injuries that occur as a result.
Does Tripping Make It Automatically Your Fault?
No. Just because you tripped doesn’t mean you were careless. Sidewalk defects can be hard to see, especially in poor lighting, bad weather, or when the hazard blends in with the pavement.
You have every right to expect that the sidewalks you walk on each day are reasonably safe. When they’re not, and you get hurt, the law allows you to pursue compensation.
What the Insurance Company Might Argue
Sometimes it seems like insurance companies are in the business of avoiding liability or paying as little as possible. One of their most common tactics in sidewalk trip and fall cases is to argue that the pedestrian was at fault. They might allege, for instance, that the injury victim:
- Wasn’t watching where they were going
- Should have seen the hazard and avoided it
- Was distracted by a phone or conversation
- Was wearing unsafe footwear
They may also argue that the defect was “trivial.” In New York, a defect must be substantial enough to pose a danger to pedestrians, but the definition of “substantial” often depends on the circumstances. For instance, a one-inch height difference might not seem like much in theory, but if it’s hidden by shadows or located in a high-traffic area, it can still be dangerous and legally actionable.
How Comparative Negligence Works in New York
New York is a “pure comparative negligence” state. This means that even if you were partially at fault for your fall — for example, if you were looking at your phone when you tripped — you may still recover compensation. However, your damages will be reduced by your percentage of fault.
For example, if you were awarded $100,000 and found 20% at fault, you would still recover $80,000. But you don’t have to take the insurance company’s word for it. They don’t have the final word on who was at fault; that’s for a jury to decide at trial if a settlement can’t be reached and your case goes to court. This is why it’s so important to work with an attorney who knows how to push back on unfair blame-shifting by the property owner or the city. Your lawyer will gather the facts that prove fault and argue for a fair allocation of blame and a fair settlement or verdict.
Evidence That Can Help Prove Fault
A strong sidewalk trip and fall case doesn’t just rely on your word against the property owner’s. It’s built on evidence that shows there was a dangerous condition and that it directly caused your injuries. This can include, for example:
- Photos of the sidewalk defect taken soon after the fall
- Surveillance video from nearby businesses or residences
- Witness statements from people who saw your fall or knew about the defect beforehand
- Maintenance and repair records that show whether the owner neglected known hazards
- Medical records that link your injuries to the accident
Sometimes, accident reconstruction experts or engineers can be used to explain why a defect was dangerous and should have been repaired.
What You Should Do After a Sidewalk Fall in NYC
If you’ve tripped and fallen on a sidewalk in New York City, you can protect yourself and your claim by taking the following steps:
- Getting medical treatment immediately. Your health comes first, and medical records help document the link between the accident and your injuries.
- Taking photos of the accident scene. Get multiple angles showing the defect and its size relative to an object like a coin or shoe, if possible.
- Getting witness information. Names and contact details can make a huge difference.
- Reporting the accident. If the fall happened in front of a business or residential building, let the owner or manager know and ask for an incident report if possible.
- Talking to an experienced attorney before you speak with the insurance company.
Don’t Let Feelings of Guilt or Shame Stop You From Getting Justice
Sidewalk trip and fall injuries can be serious, causing broken bones, concussions, back injuries, and more. Don’t let an insurance adjuster convince you that your pain and medical bills are solely your fault.
At Leandros A. Vrionedes, P.C., we help injured pedestrians hold negligent property owners and the City of New York accountable for their negligence. If you tripped and fell on a dangerous sidewalk, contact us today for a free consultation. We’ll help you understand your rights, gather the evidence you need, and fight for the compensation you deserve.
