Tripped on a Sidewalk in NYC: Who Is Responsible?

You were walking down your own block, maybe on the way to the bus on Nostrand, maybe coming home from church, and the sidewalk came up to meet you. A raised slab. A crack you'd stepped over a hundred times. Now your knee, your wrist, or your back reminds you about it every morning.

The first thing people ask me is simple: who do I even go after? I'm Koenig Pierre, a Brooklyn injury lawyer with an office on Coney Island Avenue. Here's the straight answer.

Who is responsible? It depends on what's next to the sidewalk

New York City's sidewalk law, Administrative Code § 7-210, puts the duty to keep a sidewalk reasonably safe on the owner of the property it runs in front of. That includes fixing broken or raised flags and clearing snow and ice. The question is never "who walks on it." It's "what building is it in front of?"

If it's a City sidewalk, expect this argument

The City's main defense is "we were never told." Under the City's own rules, it generally isn't responsible unless someone gave it prior written notice of that specific defect before you fell, often through sidewalk maps filed with the City by the Big Apple Pothole and Sidewalk Protection Committee, or through City records and complaints. Notice of a different problem nearby isn't enough, as one 2021 appeals decision made clear. There are exceptions, such as when the City itself caused the defect.

This is a big reason to call early. Finding those maps and records takes time, and they can decide whether a City case goes anywhere.

What about snow and ice?

Same rule, same people. The owner responsible for the sidewalk is also responsible for clearing it. The City's Department of Sanitation rules give owners a set window after the snow stops:

• Snow stops between 7 a.m. and 5 p.m.: clear within 4 hours.
• Snow stops between 5 p.m. and 9 p.m.: clear within 14 hours.
• Snow stops between 9 p.m. and 7 a.m.: clear by 11 a.m. the next morning.

Owners generally aren't expected to shovel while a storm is still going. Falls that happen after that window has passed, or on ice someone shoveled into a slick patch, are a different story.

"It was just a small crack." Does that matter?

Insurance companies love this argument. Owners will say the defect was "trivial," too small to count. But New York's highest court has made clear there is no minimum height or depth rule. Courts look at everything: jagged edges, how the slab sits, the lighting, and whether people walking there would naturally be looking elsewhere, like at a bus stop or a busy storefront.

That's why photos matter so much. A close-up with a coin or your shoe next to the defect, plus a wide shot of the block, can make the difference.

Your deadlines

If you don't know yet who's responsible, act as if the 90-day clock is running. The City may also ask you to come in and answer questions under oath before you can sue. My MTA bus accident guide explains how that hearing works.

What to do this week

1. See a doctor and say exactly how you fell. "I tripped on a raised sidewalk slab" belongs in your chart. Don't skip care because you think it'll pass.
2. Go back and photograph the spot, today if you can. Owners often fix a slab fast after someone gets hurt. Get close-ups with something for scale, and wide shots showing the building number.
3. Write down the exact address and the nearest cross street.
4. Get names and phone numbers of anyone who saw you fall or helped you up.
5. Keep your shoes and clothes as they were. Don't wash or throw them out.
6. Don't give a recorded statement to an insurance company, and don't post about the fall on social media.
7. Call before day 90. If it turns out to be a City sidewalk, that deadline is strict.

What a sidewalk claim can cover

A successful claim can cover your medical bills, wages you lost, including cash and off-the-books work if you can show it, and your pain and suffering. Common sidewalk injuries include broken wrists, knee and ankle injuries, shoulder tears, and back and neck injuries. My herniated disc guide explains what drives the value of a spine injury.

There's no no-fault insurance for a sidewalk fall the way there is for a car accident, so use your health insurance or Medicaid to get treated now. And if the owner says you weren't watching where you were going, that usually reduces what you recover; it doesn't end your case. I explain how that works on my pedestrian accident page.

Falls inside a building, on stairs, in a lobby, or in a store, follow different rules. Start with my premises liability page. If you're a home health aide who fell on the way to a client's home, you may have two claims; read my guide for injured aides.

Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information about New York law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Deadlines can be shorter in some situations; call to confirm yours. Se habla español. Nou pale Kreyòl.