What’s the Deadline to File a Sidewalk Injury Claim Against the City?

Why Timing Is Critical After a Trip and Fall on a New York City Sidewalk

Sidewalk defects are everywhere in New York City. Cracked pavement, uneven slabs, loose bricks, and broken curbs can create dangerous conditions that lead to painful, even life-changing injuries. If you’ve tripped and fallen on a broken sidewalk, it’s natural to wonder whether you can hold the responsible party accountable and how long you have to act.

If your accident happened on a sidewalk that the City of New York is responsible for maintaining, you need to know that strict deadlines apply. Missing these timeframes could cause you to lose your right to compensation, even if the city’s negligence clearly caused your injuries.

At Leandros A. Vrionedes, P.C., we’ve helped many New Yorkers navigate the complex process of filing claims against the city across the boroughs of Manhattan, Brooklyn, the Bronx, and Queens. Below, we explain the key deadlines you must meet and why you should act quickly if you’re considering a sidewalk injury claim. For immediate assistance or a free consultation to discuss your claim, contact our office to speak with an experienced and successful NYC sidewalk trip and fall accident lawyer.

Filing a Claim Against the City: The 90-Day Notice Requirement

When you’re injured because of a defective sidewalk that is under the city’s responsibility, you must first file a Notice of Claim before you can sue the city. Under New York General Municipal Law § 50-e, you are required to file this Notice of Claim within 90 days of the accident. This is a critical deadline.

The Notice of Claim serves as a formal notification to the city that you intend to file a lawsuit. It must contain specific details, including:

• Your name and contact information
• The date, time, and exact location of the accident
• A description of how the accident occurred
• The nature of your injuries and damages

If you miss this 90-day window, the city may move to have your case dismissed, and courts are generally very strict about enforcing this deadline.

In limited cases, it may be possible to request permission to file a late Notice of Claim, but the court is not obligated to grant that request. That’s why it’s so important to begin the claims process as soon as possible.

Why the Notice of Claim Matters

The purpose of the Notice of Claim is to give the city the opportunity to investigate the incident while the evidence is still fresh. This could involve inspecting the sidewalk, reviewing maintenance records, and interviewing potential witnesses. Without this notice, the city is legally entitled to avoid liability, even if they were responsible for the dangerous condition. Filing the Notice of Claim correctly and on time is not just a formality. It is a critical first step in preserving your right to sue.

The Statute of Limitations for Lawsuits Against the City

After you file the Notice of Claim, you must wait at least 30 days before filing a formal lawsuit against the city. This waiting period gives the city time to investigate your claim. Once the 30-day period passes, you have one year and 90 days from the date of the accident to file your lawsuit.

So, the basic timeline looks like this:

• 90 days from the accident to file a Notice of Claim
• 30-day waiting period before suing
• One year and 90 days total from the date of the accident to file the lawsuit

This is a much shorter time frame than the typical three-year statute of limitations that applies to most personal injury cases against private individuals or companies.

What Happens If You Miss the Deadline?

If you fail to file the Notice of Claim within 90 days or miss the lawsuit deadline, you may lose your right to pursue compensation entirely. The court may dismiss your case, regardless of how strong your evidence might be. There are limited exceptions where a court may allow a late filing, such as cases involving minors or if you were incapacitated by your injuries, but you should never rely on the possibility of an extension. Courts tend to be strict in applying these rules, especially when claims are filed against government entities like the City of New York.

Is the City Always Responsible After a Sidewalk Trip and Fall?

Not all sidewalks in New York City are the city’s responsibility. In most cases, sidewalk maintenance is the responsibility of the adjacent property owner, particularly when the sidewalk is in front of a commercial building or multi-family residence.

The city is generally only responsible for sidewalks in the following limited circumstances:

• Sidewalks adjacent to one-, two-, or three-family homes that are at least partially owner-occupied
• Sidewalks adjacent to city-owned properties, such as parks, schools, and municipal buildings
• Where city infrastructure, like manhole covers, tree wells, or grates, contributed to the accident

Before pursuing a claim, it’s essential to identify whether the city or a private party is responsible for the sidewalk. If a private property owner is liable, different deadlines and procedures will apply.

How an Experienced NYC Sidewalk Trip and Fall Attorney Can Help

Filing a sidewalk injury claim against the City of New York is not as simple as filing an ordinary personal injury lawsuit. There are unique rules, strict deadlines, and complicated liability questions involved. Getting it right from the beginning is critical.

At Leandros A. Vrionedes, P.C., we help injury victims quickly determine who is responsible, file the necessary notices on time, and build a strong case to pursue maximum compensation. Whether you’re dealing with the city or a private property owner, we can help you navigate the process and protect your rights.

Contact Us Today

If you’ve been hurt in a sidewalk trip and fall accident in New York City, don’t wait. Contact Leandros A. Vrionedes, P.C., today for a free consultation. We’ll explain your options, make sure the proper deadlines are met, and fight to get you the compensation you deserve.