Trip and Fall on a NYC Sidewalk — Who’s Responsible?

By Vincent C. Loiodice, Attorney at Law

If you’ve tripped and fallen on a sidewalk in New York City, you’re not alone.
NYC sidewalks are notorious for:

• cracks

• uneven slabs

• broken curbs

• tree-root uplift

• holes or depressions

• snow and ice

• loose pavement

But here’s the real question: Who is legally responsible for your injuries?
Most New Yorkers think the City is always liable — but that’s not true.

Here’s the clear, attorney-written guide to help you understand who pays after a sidewalk accident in NYC.

🏙 The NYC Sidewalk Law: Who Is Responsible?

New York City Administrative Code §7-210 is very clear:

👉 The property owner next to the sidewalk is responsible for its maintenance.

This includes:

• apartment buildings

• commercial buildings

• homes not used as 1-3 family residences

• businesses

• mixed-use buildings

If the sidewalk is in front of a building that is not an owner-occupied 1-3 family residence, the property owner, not the City, is liable.

Exceptions — When the City is responsible:

The City may be liable when:

• the sidewalk is in front of a 1-3 family owner-occupied home

• the defect involves a tree well (NYC Parks Dept.)

• it’s a City-owned property

• the defect is in a crosswalk or curb cut, not the sidewalk slab itself

• it involves a missing or defective City grate or cover

Sidewalk law in NYC is very specific, and identifying the correct party early is crucial.

📸 What Counts as a Dangerous Sidewalk Condition?

You may have a case if the accident happened because of:

• uneven sidewalk slabs

• broken or cracked concrete

• raised or lowered sections

• holes/depressions

• loose pavement

• missing sections

• snow or ice

• slippery substances

• defective curb

• defective metal plate or grate

• tree root uplift

A “trip hazard” can be as small as ½ inch if it creates a foreseeable danger.

🔍 How Do You Prove the Property Owner Is at Fault?

To win your case, you need to show the owner:

1. Created the condition

(e.g., performed bad repairs)

2. Knew about the condition

(actual notice)

3. Should have known about it

(constructive notice — the defect existed long enough to be discovered)

Examples of constructive notice:

• long-term cracking

• worn-down edges

• dirt/debris in cracks

• old water damage

• prior complaints

Photos taken right after the fall are powerful evidence.

📅 Special Rule: The “Prior Written Notice” Law

When the City is responsible, you must prove it received written notice of the defect before your fall.

This is complicated — but your attorney can check:

• the NYC DOT Sidewalk Complaint Database

• 311 complaint history

• prior repair records

• Big Apple Maps (older cases)

📝 What to Do Immediately After a NYC Sidewalk Trip and Fall

1. Photograph the defect

Take close, angled, and wide shots.

2. Get the exact address

The exact building number is often the liable party.

3. Look for witnesses

Names, numbers, statements.

4. Report the accident

If it’s in front of a business or building, report it to management immediately.

5. Seek medical attention

Linking injuries to the fall is crucial.

6. Contact an attorney quickly

Sidewalk cases require fast investigation before the condition is repaired.

⚖️ What Compensation Can You Recover?

Victims can recover for:

• pain and suffering

• medical bills

• lost wages

• future medical care

• long-term disability

• transportation costs

• impact on daily life

Serious sidewalk injuries include:

• fractures

• torn ligaments

• knee injuries

• back/neck injuries

• shoulder injuries

• head trauma

• dental injuries

🌐 NYC Administrative Code 

For official information on NYC sidewalk maintenance laws or to read the law, see:
NYC Administrative Code §7-210

🏁 Final Thoughts

Trip and fall accidents on NYC sidewalks are incredibly common — and the law is designed to hold the correct party accountable. Whether it’s a building owner, the City, or another entity, you have rights.

If you were injured in a sidewalk accident, getting legal help quickly can make all the difference,