Sidewalk Trip and Fall

Helping you overcome A Hazardous Sidewalk Injury

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I’ve Just Suffered A Sidewalk Trip And Fall Injury. What Do I Do Next?

Prior to 2003, if a person was injured as the result of a trip and fall on a public sidewalk in New York City, it was the City’s responsibility for maintaining sidewalks located within the City of New York. In order to prove a case against NYC, an  injured person had to prove that the City had prior written notice of the defect and failed to repair it. 


Mayor Bloomberg changed the law in 2003. Under New York City Administrative Code 7-210, the duty to maintain and repair public sidewalks in the City of New York was imposed on the owner of the property abutting the public sidewalk provided the property is not a one to three family owner occupied residence used exclusively for residential purposes. 

What Happens Next?

If a property is an owner-occupied one to three family residence used exclusively for residential purposes, then the owner is not responsible for maintaining and repairing the public sidewalk and would not be responsible for injuries sustained in a trip and fall on public sidewalks. This reason for the rule to not impose the duty to maintain public sidewalks on owner-occupied one to three-family dwellings was to avoid imposing the duty (and liability) on small property owners who may not have the financial resources to repair public sidewalks. If the one to three-family home is used for some commercial benefit (for example, a professional office renting a storefront on the first floor, or renting a garage to a non-resident) then the homeowner would be responsible for maintaining and repairing the sidewalk under the rationale that the homeowner is making money and should pay to repair and replace sidewalk defects. 


If an individual trips and falls on a defect on a pathway or driveway within the property (for example the front walkway, driveway or pathway around the home), the homeowner is responsible to maintain their property in a safe condition. A trip on a defect within the property borders can give rise to liability and the homeowner can be sued for injuries arising out of a trip and fall even if the home is an owner-occupied one to three family home.

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Furthermore, if a person trips and falls on the public sidewalks where the adjoining owner makes “special use” on that portion of the sidewalk where the trip occurred, the owner is responsible for making repairs to the damaged public sidewalk over which it makes special use. This would include the public sidewalk located between a driveway and the street over which a homeowner drives a car. It also includes other “special uses” such as an oil filler cap in the sidewalk. This rule applies to all owners, including the owners of one to three owner occupied residences.


In order to prove that a sidewalk defect is a hazard, the tripping hazard or defect must generally be ½” or greater. As a general rule, if the tripping hazard is less than ½” in height or depth, courts have generally held that the defect is “de-minimis” and will not find that such a small defect will give rise to liability. 


If you trip and fall on a sidewalk defect, it is important that you document the condition and contact an attorney at the earliest opportunity. In some cases, I would recommend having an expert visit, measure and photograph the condition. 


If you have any questions concerning an accident involving a trip and fall on a sidewalk, contact attorney John Gray at 516-550-3945 for a free consultation.

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