Can You Sue NYC for a Sidewalk Fall? | Sidewalk Injury Guide

Can You Sue the City of New York for Sidewalk Injuries?

Yes. If you fell on a public sidewalk because the City failed to keep it safe, you can file a claim for compensation.

You must show NYC was negligent in maintaining that section of sidewalk and that this negligence directly caused your injuries.

Determining Liability for NYC Sidewalk Accidents

• City-owned property: NYC is liable for sidewalks bordering schools, parks, and other municipal buildings.

• Private property: Owners of commercial buildings and most residences are responsible for the sidewalk in front of their lot.

First identify who controls the sidewalk where you were hurt—this decides whether you sue the City or a private owner.

What Constitutes Negligence?

To win, you must prove:

1. Duty of care – the City (or owner) had a legal duty to keep the sidewalk safe.

2. Breach of duty – they let a dangerous condition exist (hole, ice, uneven slab).

3. Causation – that hazard was a substantial factor in your fall.

4. Damages – you suffered real losses (medical bills, lost wages, pain).

What Are the Requirements for Filing a Claim?

1. Notice of Claim (90 days)

You must file a written Notice of Claim with NYC within 90 days of the accident.

2. Statute of Limitations (1 year + 90 days)

After serving the Notice, you have one year and 90 days from the accident date to start the lawsuit.

Miss either deadline and your case will likely be dismissed.

Types of Evidence You’ll Need

• 📸 Photos of the defect right after the fall

• 🏥 Medical records linking injuries to the incident

• 👥 Witness statements confirming what happened

• 🗂 Proof of notice—prior complaints, 311 logs, or DOT violation reports

Collect as much documentation as possible before conditions change or evidence disappears.

NYC Sidewalk Laws You Should Know

• NYC Administrative Code § 7-210 – shifts sidewalk maintenance liability to adjacent property owners, except for 1-, 2-, or 3-family owner-occupied homes.

• Prior written notice rule – to sue NYC, you often must show the City had written notice of the defect before your accident.

Common Defenses the City Uses

1. No prior notice: City claims it never received written notice of the defect.

2. Open & obvious condition: Hazard was visible and should have been avoided.

3. Comparative negligence: You were partly at fault (looking at phone, improper shoes).

Counter these arguments with strong evidence and witness testimony.

Comparative Negligence in New York

If you’re found 30 % at fault and the verdict is $100,000, you collect $70,000. Even partial fault won’t bar recovery, but it reduces the payout.

Who Handles Curb Repairs?

Unlike sidewalks, curbs are City-maintained. If a broken curb—not sidewalk —caused your fall, liability may rest solely with NYC.

Conclusion

You can sue NYC for sidewalk injuries, but success hinges on proving negligence, meeting tight Notice-of-Claim deadlines, and documenting your damages.

Start gathering evidence immediately and consider consulting an attorney experienced in NYC sidewalk cases to navigate the complex rules and maximize your recovery.