If the Sidewalk Was Only Slightly Uneven, Can I Sue?

The correct answer is: What is “slightly”?

The “De Minimis” Defense

The abutting property owner or their insurance company, or the City of New York, will often take the position that the difference in sidewalk height was too minor to constitute a dangerous condition — what is legally referred to as a “de minimis” condition. Their argument is essentially that sidewalks cannot be perfect and slight defects are therefore acceptable and not considered to be dangerous.

However, there is no single measurement that automatically determines whether a sidewalk defect is legally actionable. The circumstances surrounding the accident also matter, including the appearance and dimensions of the defect, its location, lighting conditions, whether it was visible, how long it existed, and the nature of the pedestrian’s fall and injuries.

The Half-Inch Guideline

In general, the courts have ruled that a height differential of less than ½ inch is considered to be “de minimis.” So, if the height differential is more than ½ inch, then it is not considered “de minimis,” and a lawsuit claiming negligence can be successfully brought.

Photographs and measurements of the condition are therefore extremely important.

Contact Us

If you or a loved one suffered an injury due to a trip and fall as a result of a defective and dangerous sidewalk and are in need of legal assistance, call the Lawyers at Jaroslawicz & Jaros at 212-227-2780, or submit an online questionnaire.

The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.

Please call to ensure that you do not waive your right to compensation. You can call Abraham Jaros on his cell at 917-842-9544 or email him at ajaros@lawjaros.com.

By: Abraham Jaros, Jaroslawicz & Jaros, PLLC Admitted to the New York Bar in 1973