Sidewalk and Street Injury Claims

Who Maintains New York’s Sidewalks?

According to Michael Joseph, sidewalk and street injury cases depend heavily on where the accident occurs and what caused it.

For snow and ice, the rule is straightforward: every property owner—whether residential or commercial—has a legal duty to clear sidewalks within a reasonable time after a storm ends. “It depends on when the storm stops,” Joseph explains. “If it ends at 2 a.m. and someone falls at 6 a.m., that’s not enough time. But if it stops early in the morning and no cleanup happens by late afternoon, that’s unreasonable.”

Generally, property owners are expected to remove snow and ice within 12 hours of the storm ending. Failure to do so violates certain city ordinances. Joseph also warns about secondary hazards, such as melting and refreezing snow that forms black ice along curbs — a frequent cause of winter accidents.

Responsibility for Cracked or Uneven Sidewalks

When it comes to structural defects—like uneven slabs, potholes, or cracked pavement—the rules vary depending on property type.

In New York City, the Administrative Code assigns responsibility to commercial property owners, including apartment buildings, offices, and stores, to maintain the sidewalk up to the curb. The law doesn’t apply to one- or two-family homes used exclusively as residences.

The City of New York, however, retains responsibility for certain areas, such as:

• Tree wells and curbs, since the city owns and maintains all trees and curbing.
• Sidewalks in front of parks or public buildings, where no private property abuts the walkway.
• Potholes or defects in the street itself.

“If you fall on a sidewalk in front of a business, that’s typically the business owner’s fault,” Joseph says. “If you fall next to a park or tree well, that’s a City of New York problem. It all depends on location.”

How to Prove Liability

For a successful sidewalk or street injury claim, evidence of notice is critical. Joseph explains that plaintiffs must show the responsible party either knew or should have known about the hazard.

His firm often uses Google Street View, prior lawsuits, and municipal records to prove the defect existed long enough for the property owner—or the city—to take action. “In one recent case,” Joseph recalls, “we found that another person was hurt in the same spot just three months earlier. That clearly showed the property owner was on notice.”

For claims against the City of New York, the burden is higher. Plaintiffs must prove the city either had prior written notice of the defect or caused and created the condition through negligent maintenance or poor construction.

Examples include:

• The city leaving open or improperly sealed sidewalks after utility work.
• Tree roots lifting pavement without repairs.
• Failure to replace missing grates around tree wells.

Deadlines for Filing Claims

Strict timelines apply in sidewalk injury cases, especially when the city is involved.

• Claims against private property owners: Victims have three years to file a lawsuit.
• Claims against the City of New York: A Notice of Claim must be filed within 90 days of the accident, followed by a General Municipal Law 50-h hearing, usually conducted virtually via Zoom or Microsoft Teams.

Joseph stresses that missing these deadlines can permanently bar recovery. “For city cases, 90 days goes by fast,” he warns. “If you wait too long, there’s nothing anyone can do.”

Construction Zones and Contractor Responsibility

Construction zones often create additional hazards for pedestrians. According to Joseph, when contractors perform work that damages the sidewalk—such as driving heavy machinery across it or leaving it uneven—they share liability with the property owner.

“Contractors must maintain safe pedestrian access,” he explains. “If they tear up the sidewalk, they must repair it or redirect people safely. Leaving a broken sidewalk is negligence, plain and simple.”

Comparative Fault in Slip and Fall Cases

Even when a pedestrian is partially responsible for their fall—perhaps distracted by a phone or rushing—New York law allows them to recover partial compensation.

Joseph explains that New York follows a comparative negligence rule. “If a jury finds the victim 20% at fault, and total damages are $100,000, they can still recover $80,000. It’s not all or nothing.”

He notes that determining fault is highly subjective. “Try the same case before ten juries, and you could get ten different results,” he says. “That’s why we focus on strong documentation and clear liability evidence.”

Liability for Apartment Buildings and Rentals

Responsibility for sidewalk maintenance can also depend on lease agreements.

• Residential tenants generally have no obligation to maintain sidewalks; the building owner is responsible.
• Commercial tenants, such as storefront businesses, often assume responsibility for snow removal and sidewalk maintenance under their leases.

“When we investigate a claim,” Joseph says, “we look at both the landlord and the tenant’s lease terms. Many commercial leases shift the burden to the tenant.”

Common Mistakes That Hurt Sidewalk Injury Claims

The most common mistake victims make, Joseph says, is doing nothing after the fall.

“If someone falls and doesn’t take pictures, doesn’t report it, and waits weeks before seeking help, it becomes much harder to prove what happened,” he explains. “Nowadays, everyone has a phone. Photos and videos right after the incident can make all the difference.”

Joseph also recommends reporting the incident immediately to the property owner or store manager, if possible. That helps ensure the business notifies its insurance company.

For closed or government-owned buildings, contacting an attorney immediately is critical so they can demand preservation of surveillance footage before it’s deleted. “If the video disappears,” Joseph says, “we can argue that it was destroyed because it was bad for them.”

Documenting Medical Evidence

Consistent medical documentation is just as important as photos. Insurance adjusters and city attorneys routinely review hospital records for inconsistencies. “When you go to the ER or your doctor,” Joseph says, “make sure you describe exactly what happened and where it happened. That’s what defense lawyers will look at first.”

He adds that reporting, photos, and medical treatment all strengthen a claim. “A case with solid documentation and clear liability has the best chance for full compensation.”

Final Thoughts

Sidewalk and street injury cases in New York are complex, with responsibility often split between property owners, contractors, and the city. Timing and evidence are everything.

Attorney Michael Joseph reminds anyone injured in these situations to act quickly—document the scene, seek medical care, and consult a lawyer familiar with New York City administrative codes and municipal deadlines.

For more information or to discuss a sidewalk or street injury case, visit newyorktriallawyers.org to learn how Michael Joseph and his team can help.