Can I Sue If I Fall and Am Injured on a New York City Misleveled Sidewalk?

Yes, you can sue. The question is: Who do you sue?

Who Is Responsible for a Defective Sidewalk?

Owners of property that abut a sidewalk generally have a duty to maintain that sidewalk in a reasonably safe condition pursuant to New York City Administrative Code § 7-210. This law specifically provides that a property owner may be liable for personal injuries caused by their failure to properly inspect, maintain and repair the sidewalk that abuts their building.

Because of this law, for many New York City sidewalk accidents the claim is brought against the owner of the property adjoining the sidewalk. Section 7-210 generally shifted the responsibility for defective sidewalks from the City to the abutting property owner. New York courts have described this provision as imposing a nondelegable duty on qualifying property owners to maintain and repair their sidewalk.

Exceptions for Certain Residential Properties

There is an exception for certain one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. Consequently, determining the ownership and use of the property next to the accident location can be one of the first important steps in investigating a sidewalk case.

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