A simple walk down the street can turn painful if you trip on a cracked or icy sidewalk. When that happens, figuring out who is responsible for your injuries can be confusing. In New York, liability often depends on where the sidewalk is and who maintains it.
How property ownership affects responsibility
In most New York cities, the law requires property owners to keep the sidewalks next to their buildings safe. That includes shoveling snow, removing ice, and repairing uneven pavement. If a property owner fails to take care of the walkway and someone falls, that owner can be held responsible. The city may still be involved, but property owners usually carry most of the responsibility in front of their property.
When the city may be at fault
There are situations where the city or municipality could be responsible. If the sidewalk is near a public park, government building, or another city-owned property, maintenance likely falls under the city’s control. However, suing a city in New York requires following specific rules, including filing a notice of claim within 90 days of the incident. Missing that deadline can prevent you from recovering damages.
Exceptions for certain properties
Some sidewalks are exempt from property owner liability. For example, one-, two-, and three-family homes that are owner-occupied and used only for residential purposes are not responsible for maintaining adjacent sidewalks in many cities. In those cases, the city typically handles maintenance and repairs. Knowing which rule applies depends on where the fall occurred and who owns the nearby property.
Taking the right steps after a sidewalk fall
If you slip and fall on a public sidewalk, try to document what happened as soon as possible. Take photos of the hazard, note the location, and gather contact information from anyone who saw the incident. This information can help determine who should be held accountable and strengthen your potential claim for damages.
