If you’ve ever slipped on an icy sidewalk or tripped over a cracked pavement in New York City, you might wonder: Who’s responsible? As a property owner, are you legally liable for injuries that occur on the sidewalk adjacent to your building? The short answer is often yes, but the details depend on local laws, the circumstances of the incident, and whether negligence can be proven. In New York, premises liability extends to sidewalks, and with over 17,000 senior adults hospitalized annually due to slip-and-fall accidents statewide, understanding your responsibilities is crucial.
At Zlotolaw & Associates, we’ve been defending victims of negligent conduct for more than 25 years, serving New York City and Long Island. Our experienced personal injury attorneys handle cases from initial claims to trial, always fighting for maximum compensation. If you’ve been hurt due to a sidewalk hazard, contact us today for a free consultation.
Understanding Premises Liability in New York
Premises liability is a branch of personal injury law that holds property owners accountable for injuries occurring on their property due to unsafe conditions. This includes buildings, land, and—critically—adjacent sidewalks. The core principle is that owners have a “duty of care” to maintain safe environments for visitors, tenants, and passersby.
In New York, this duty varies based on the visitor’s status:
- Invitees (e.g., customers): Highest duty—owners must inspect and fix hazards.
- Licensees (e.g., social guests): Reasonable care to warn of known dangers.
- Trespassers: Minimal duty, but owners can’t willfully harm them.
For public sidewalks, the law treats users as invitees or licensees, imposing a responsibility to keep areas free from hazards like cracks, debris, or ice. Failure to do so can lead to lawsuits if someone is injured. Common injuries include fractures, sprains, head trauma, and back issues, which can result in medical bills, lost wages, and long-term pain.
Statistics highlight the issue: Slip-and-fall accidents account for over 25% of workers’ compensation claims in NY, and nationally, they cause more than 2 million falls yearly due to unsafe surfaces. In NYC, winter sees a 68% spike in incidents, with 78% linked to ice and snow.
Sidewalk Ownership and Maintenance Rules in NYC
Sidewalks might feel like public spaces, but in New York City, they’re not always the city’s sole responsibility. Under NYC Administrative Code § 7-210, owners of abutting properties (those directly next to the sidewalk) must maintain, repair, and keep sidewalks safe. This includes:
- Repairing cracks, uneven surfaces, or holes.
- Removing snow, ice, and debris within a reasonable time (typically 4 hours after snowfall ends, per NYC rules).
- Clearing litter, spills, or other hazards.
Exceptions exist: The city handles sidewalks next to one-, two-, or three-family homes if owner-occupied and used solely residentially. For commercial properties, multi-family buildings, or corners, the owner bears the burden. In other parts of New York State, rules vary by municipality, but comparative negligence applies—if the injured party is partly at fault (e.g., not watching where they’re going), compensation may be reduced.
If a tree root causes the issue, the city might share liability, but owners must report it promptly. Neglecting maintenance can lead to fines from the city and civil lawsuits.
Legal Liability for Sidewalk Slip-and-Fall Injuries
Yes, as a property owner, you can be held liable if someone falls on your abutting sidewalk due to negligence. To win a claim, the injured party must prove:
- You owned or controlled the property.
- A hazardous condition existed (e.g., broken pavement).
- You knew or should have known about it (constructive notice).
- The hazard caused the injury.
- Damages resulted (medical costs, etc.).
New York’s statute of limitations is three years for private owners, but claims against the city require a notice within 90 days. Settlements average from $50,000 to over $1 million, depending on severity.
Real-Life Case Examples
- A woman tripped on an uneven sidewalk grate in NYC, suffering knee injuries; settled for $225,000 against the property owner.
- In another case, a pedestrian fell due to sidewalk decompression, resulting in neck and back injuries; $2.4 million settlement.
- A Bronx resident sued after slipping on ice uncleared for days; the court held the owner liable under § 7-210, awarding $1.75 million for fractures.
These cases underscore the importance of maintenance—courts often side with victims if negligence is clear.
Protecting Yourself as a Property Owner
To minimize liability:
- Inspect sidewalks regularly and document repairs.
- Clear snow/ice promptly; use salt or sand.
- Fix cracks (NYC requires repairs for defects over 1/2 inch).
- Carry liability insurance covering premises claims.
- Report issues like tree roots to the city via 311.
Even with precautions, accidents happen. Consult a lawyer to review your obligations.
What to Do If You’re Injured in a Sidewalk Fall
If hurt:
- Seek medical attention immediately—delays can weaken claims.
- Document the scene: Photos of the hazard, witnesses.
- Report to the property owner and file an incident report.
- Contact a personal injury attorney—don’t speak to insurers alone.
At Zlotolaw & Associates, we’ve secured millions for slip-and-fall victims. Learn more about our slip and fall services or sidewalk accident expertise.
Frequently Asked Questions (FAQs)
What’s the statute of limitations for sidewalk injury claims in NY?
Three years for private properties; 90-day notice for city claims.
Can the city be sued for sidewalk injuries?
Sometimes, if they own the sidewalk or caused the hazard, but owners are primary under § 7-210.
How much can I recover in a sidewalk fall lawsuit?
Depends on injuries; averages $100,000+, up to millions for severe cases.
Are tenants liable for sidewalk maintenance?
Often, leases shift responsibility to tenants, but owners remain ultimately liable.
For more insights, check our blog on causes of slip-and-fall accidents or proving liability.
Why Choose Zlotolaw & Associates?
Zlotolaw & Associates is dedicated to defending victims of negligence. With over 25 years of experience, our team litigates aggressively to maximize compensation. We’ve helped thousands recover through settlements and verdicts. Serving all five boroughs, Nassau, and Suffolk Counties, we’re here for you.
If you or a loved one suffered a sidewalk injury due to negligence, don’t settle for less. Contact our New York personal injury lawyers today for expert guidance. Review our testimonials and results to see how we’ve helped others.
Note: This article is for informational purposes and not legal advice. Consult an attorney for your specific case.