At Arye, Lustig & Sassower, P.C., we regularly assist New York City residents who have suffered injuries due to hazardous sidewalk conditions. Understanding common sidewalk defects can help pedestrians stay alert and property owners maintain safer walkways. Here's a comprehensive look at the most frequent sidewalk defects that lead to injuries across the five boroughs.
What Sidewalk Defects Cause Injuries in NYC?
At Arye, Lustig & Sassower, P.C., we have handled cases involving injuries caused by defective sidewalk conditions throughout New York City. Below, we outline common sidewalk defects that can lead to pedestrian accidents and injuries in our city's five boroughs.
- Uneven Pavement Height: Differences in elevation between adjacent sidewalk slabs greater than half an inch create significant trip hazards, particularly dangerous for elderly pedestrians and those with mobility challenges.
- Cracked Concrete: Large cracks exceeding half an inch in width can catch shoes and wheels, potentially causing pedestrians to lose balance and fall, especially during wet conditions or low light.
- Tree Root Upheaval: Growing tree roots beneath sidewalks push up concrete slabs, creating uneven surfaces and elevation changes that frequently cause trips and falls.
- Loose or Broken Cellar Doors: Deteriorating hardware on sidewalk cellar doors creates unstable walking surfaces and potential openings that can catch pedestrians unaware.
- Surface Spalling: Weather-related concrete deterioration leaves rough, uneven surfaces with loose material that can cause slips and trips, particularly problematic during wet conditions.
- Improper Repairs: Poorly executed sidewalk repairs often create new hazards through mismatched heights, inadequate materials, or improper finishing techniques.
- Utility Cover Defects: Damaged or improperly installed utility covers create sudden changes in elevation and unstable walking surfaces that frequently lead to accidents.
- Missing Concrete Sections: Areas where concrete has completely broken away leave dangerous holes and gaps that can catch feet or wheels, causing serious injuries.
- Construction Vehicle Damage: Heavy equipment, including motor vehicles, and construction activities, often crack or destabilize nearby sidewalk sections, creating unexpected hazards for pedestrians.
- Drainage Issues: Poor drainage creates areas of standing water that can accelerate sidewalk deterioration and create slipping hazards, particularly dangerous during freeze-thaw cycles.
Common Injuries Associated with Sidewalk Defects in NYC
Understanding common sidewalk injuries helps demonstrate the severe impact that sidewalk defects can have on pedestrians' lives.
- Fractured Wrists: When people fall on defective sidewalks, they often instinctively extend their arms to break their fall, resulting in wrist fractures that can require surgery and extensive rehabilitation.
- Hip Fractures: Particularly devastating for elderly pedestrians, hip fractures from sidewalk falls frequently require surgical intervention and may lead to long-term mobility issues or the need for assisted living care.
- Head Trauma: Falls on defective sidewalks can cause serious head injuries ranging from concussions to more severe traumatic brain injuries, potentially resulting in long-term cognitive and neurological effects.
- Knee Injuries: Sudden trips on uneven sidewalks often cause twisted knees, leading to torn ligaments, meniscus damage, or other injuries that may require surgical repair and extensive physical therapy.
- Shoulder Dislocations: The impact of falling on an outstretched arm can force the shoulder out of its socket, potentially causing tears in the surrounding tissues and requiring surgical reconstruction.
- Facial Injuries: Forward falls on defective sidewalks can result in facial lacerations, dental damage, broken noses, or orbital bone fractures that may require plastic surgery or dental reconstruction.
- Spinal Injuries: The force of falling on defective sidewalks can cause herniated discs, compression fractures, or other spinal injuries that lead to chronic pain and limited mobility.
- Ankle Fractures: Catching a foot in a sidewalk defect often results in twisted or broken ankles, which may require surgical repair and can lead to chronic instability or arthritis.
- Elbow Injuries: Falls often result in broken elbows or dislocations when pedestrians attempt to catch themselves, potentially requiring surgical intervention and lengthy rehabilitation periods.
- Soft Tissue Injuries: While less visible than fractures, sprains, strains, and tears to muscles, tendons, and ligaments can cause significant pain and require extensive physical therapy for recovery.
What Are New York's Sidewalk Laws?
Understanding these regulations is crucial for both property owners and injured pedestrians. Here are the key legal requirements and responsibilities regarding sidewalk maintenance in NYC:
- Property Owner Responsibility: Under NYC Administrative Code Section 7-210, most property owners are responsible for maintaining the sidewalks adjacent to their properties in reasonably safe condition, including repairs, snow removal, and addressing defects.
- City Property Exception: The City of New York remains responsible for sidewalk maintenance adjacent to one-, two-, and three-family residential properties that are owner-occupied and used exclusively for residential purposes.
- Prior Written Notice Law: For claims against the City of New York, there must be written notice of the defective condition filed with the Department of Transportation at least 15 days before the incident, commonly known as the "Pothole Law."
- Maintenance Standards: Property owners must repair defects including holes, cracks wider than half an inch, vertical displacement greater than half an inch, and any other condition that creates a tripping hazard under NYC Department of Transportation guidelines.
- Snow Removal Requirements: Property owners must clear snow and ice within specific timeframes -- four hours after snow stops falling if during daytime hours (7 AM to 5 PM), or by 11 AM if snowfall ends overnight.
- Construction Requirements: Any sidewalk construction or repair work must comply with Department of Transportation specifications and require proper permits, with work performed by licensed contractors.
- Notice of Violation: The Department of Transportation can issue notices of violation for defective sidewalks, giving property owners 75 days to make repairs before the city may perform the work and bill the owner.
- Statute of Limitations: Injured pedestrians generally have three years from the date of injury to file a lawsuit, but claims against the city require a Notice of Claim within 90 days of the incident.
- Commercial Property Liability: Commercial property owners have a non-delegable duty to maintain adjacent sidewalks, meaning they remain liable even if they hire contractors for maintenance.
Can I Sue if I Fall on a Sidewalk in New York City?
If you've fallen on a defective sidewalk in New York City, you may have grounds for legal action. At Arye, Lustig & Sassower, P.C., we want to help you understand your rights and options for pursuing compensation.
Your ability to file a lawsuit depends on several key factors that must be carefully evaluated. First, we need to determine who bears responsibility for the sidewalk where your fall occurred. Under New York City Administrative Code Section 7-210, most property owners are responsible for maintaining the sidewalks adjacent to their properties. However, there are important exceptions, particularly for certain residential properties.
The success of your case typically depends on establishing several crucial elements:
Property Owner Responsibility
The first step is identifying the responsible party. For most locations, this is the adjacent property owner. However, if your fall occurred near a one-, two-, or three-family home that's owner-occupied and used exclusively for residential purposes, the City of New York may be responsible for sidewalk maintenance.
Evidence of the Defective Condition
Your case will require proof that a dangerous condition existed. This might include:
- Photographs of the sidewalk defect
- Measurements of cracks or height differences
- Witness statements
- Surveillance camera footage
- Department of Transportation inspection records
- Prior complaints about the condition
Timeline Requirements
Different deadlines apply depending on who you're suing:
- For private property owners, you generally have three years from the date of injury to file a lawsuit
- For claims against the city, you must file a Notice of Claim within 90 days of the incident
- If suing the city, the defect must have been reported in writing to the NYC department of Transportation at least 15 days before your fall
Proving Negligence
To succeed in your case, we must demonstrate that:
- The property owner knew or should have known about the sidewalk defect
- They failed to repair it within a reasonable time
- This failure directly led to your injury
- You suffered actual damages as a result
Documentation of Damages
Your case will be stronger with thorough documentation of your losses, including:
- Medical records and bills
- Lost wages documentation
- Proof of out-of-pocket expenses
- Evidence of pain and suffering
- Documentation of any permanent disabilities
How Is Negligence Proved in a New York Sidewalk Injury Case?
Here are the key elements we must establish to prove negligence in your case:
- Duty of Care: Property owners have a legal obligation to maintain their adjacent sidewalks in reasonably safe condition, including regular inspections and timely repairs of defects that could cause injuries to pedestrians.
- Actual or Constructive Notice: We must show that the property owner either knew about the sidewalk defect (actual notice) or should have known about it through reasonable inspection (constructive notice) before the incident occurred.
- Documentation of the Defect: Photographs, measurements, and detailed descriptions of the sidewalk condition help establish that the defect exceeded the minimum standards set by NYC regulations, such as height differences greater than half an inch.
- Violation of Codes: Evidence that the condition violated specific New York City Administrative Codes or Department of Transportation regulations strengthens the negligence claim by showing the owner failed to meet legal obligations.
- Failure to Maintain: Records showing lack of regular maintenance, ignored complaints, or postponed repairs demonstrate the property owner's failure to address known hazards within a reasonable timeframe.
- Causation Link: Medical records, incident reports, and witness statements help establish a direct connection between the sidewalk defect and your injuries, proving the defect was the primary cause of your accident.
- Prior Incidents: Documentation of previous accidents or complaints about the same defect helps demonstrate the owner was aware of the hazard and failed to address it appropriately.
- Surveillance Evidence: Security camera footage or photographs showing the long-term existence of the defect help establish how long the dangerous condition existed before your injury.
- Professional Assessment: Reports from engineers or safety professionals can confirm the defect violated applicable standards and posed an unreasonable risk to pedestrians.
Who Is Responsible for Sidewalks in NYC?
Understanding who bears liability is crucial for both property owners and injured pedestrians. Here's a comprehensive breakdown of sidewalk maintenance responsibilities:
- Commercial Property Owners: Commercial building owners are fully responsible for maintaining, repairing, and replacing sidewalks adjacent to their properties, including snow and ice removal within specified timeframes after storms.
- Residential Building Owners: Property owners of buildings with four or more residential units are responsible for sidewalk maintenance, repairs, and replacement, including addressing any defects that could create hazardous conditions for pedestrians.
- Small Residential Exception: Owners of one-, two-, or three-family homes that are owner-occupied and used exclusively for residential purposes are exempt from sidewalk maintenance liability, with responsibility falling to the City of New York.
- Mixed-Use Properties: Buildings that combine residential and commercial uses must maintain their sidewalks regardless of the proportion of commercial space, making the property owner fully liable for any injuries caused by defective conditions.
- Government Buildings: Federal, state, and city agencies are responsible for maintaining sidewalks adjacent to their properties, though special notice requirements and filing deadlines apply for claims against these entities.
- Corner Property Owners: These owners must maintain sidewalks on both sides of their property, including the corner area and pedestrian ramps, ensuring safe passage around the building's perimeter.
- Vacant Lot Owners: Owners of undeveloped lots still bear responsibility for maintaining adjacent sidewalks in safe condition, including addressing overgrowth, accumulated debris, or structural defects.
- Religious Institutions: Places of worship and religious organizations are generally responsible for their adjacent sidewalks unless they qualify under the small residential exception criteria.
- Cooperative Buildings: The cooperative corporation, not individual shareholders, bears responsibility for sidewalk maintenance and liability for injuries caused by defective conditions.
- Condominium Properties: The condominium association typically bears responsibility for common areas including sidewalks, though specific arrangements may vary based on the building's governing documents.
How a Sidewalk Injury Lawyer Can Help
At Arye, Lustig & Sassower, P.C., we know that navigating a sidewalk injury claim requires detailed legal knowledge and careful attention to procedural requirements. Here's how our legal team assists clients who have been injured due to sidewalk defects:
- Initial Case Evaluation: Our pedestrian accident attorneys carefully review the circumstances of your injury, gather preliminary evidence, and assess the viability of your claim based on New York City's complex sidewalk liability laws.
- Property Owner Investigation: We seek to conduct thorough research to identify the correct property owners, determine their maintenance responsibilities, and establish whether they fall under any exceptions to the liability rules.
- Evidence Collection: Our team seeks to gather crucial documentation, including photographs of the defect, surveillance footage, witness statements, maintenance records, and prior complaints about the dangerous condition.
- Medical Documentation: We may work with your healthcare providers to obtain comprehensive medical records, ensuring all injury-related treatments are properly documented and future medical needs are accurately assessed.
- Notice Requirements: For claims against the city, we seek to ensure proper and timely filing of the Notice of Claim within the strict 90-day deadline, while also verifying whether prior written notice of the defect exists.
- Insurance Company Negotiations: Our NYC pedestrian accident lawyers handle communications with insurance companies, protecting you from potentially damaging statements while working to secure appropriate compensation.
- Liability Analysis: We seek to examine all potential sources of liability, including property owners, management companies, contractors, and government entities to ensure all responsible parties are held accountable.
- Damages Assessment: Our team will work to calculate the full extent of your damages, including medical expenses, lost wages, future care needs, and compensation for pain and suffering to ensure fair recovery.
- Legal Deadline Management: We track and comply with all relevant statutes of limitations and procedural deadlines, protecting your right to pursue compensation under New York law.
- Settlement Negotiation: Our pedestrian accident attorneys may leverage their experience with similar cases to negotiate effectively with opposing parties, aiming to secure fair compensation without prolonged litigation.
Get Help With Your Sidewalk Injury Case
If you've been injured due to a defective sidewalk in New York City, don't face the complex legal process alone. At Arye, Lustig & Sassower, P.C., we have a proven track record of helping injured pedestrians secure the compensation they deserve. Contact our office today for a consultation about your case. Let us handle the legal complexities while you focus on your recovery.
What Is the Sidewalk Rule in New York City: Administrative Code Section 7-210
New York City Administrative Code Section 7-210, commonly known as the "Sidewalk Law," was enacted in 2003. Here is the exact text of the law's key provisions:
§7-210 Liability of real property owner for failure to maintain sidewalk in reasonably safe condition.
a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk.
c. Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition.
d. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is commenced, including any provisions requiring prior notice to the city of defective conditions.
This law fundamentally shifted most sidewalk maintenance responsibility from the City to property owners, with the notable exception of one- to three-family owner-occupied residential properties. The law defines both the duty to maintain sidewalks and establishes liability for failures to do so.
The Department of Transportation has further clarified through rules and regulations that "reasonably safe condition" includes repairing or replacing:
- Sidewalk flags with vertical displacement of ½ inch or more
- Cracks exceeding ½ inch in width
- Hardware defects
- Missing pieces creating holes
- Improper slope
- Other similar defects that could pose a trip hazard
If you have questions about how this law affects your rights or responsibilities, contact Arye, Lustig & Sassower, P.C. Understanding your obligations under the Sidewalk Law is crucial whether you're a property owner or someone injured due to a sidewalk defect.
