Who is Liable for Falls Caused by Defective Sidewalks in New York?

John Gray • September 30, 2023

New York City is known for its bustling sidewalks, busy streets, and vibrant culture. However, navigating these streets can be a challenge, especially for the elderly, disabled, and anyone else with mobility issues. Falls on sidewalks can be dangerous and cause serious injuries, which is why the city takes the condition of sidewalks seriously. In this blog post, we will discuss who is liable for falls caused by defective sidewalks in New York City.



The owner of the property is responsible for maintaining and repairing the sidewalk in front of their building. According to New York City Administrative Code section 7-210, “owners of real property abutting any sidewalk … shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition.” Therefore, if a person falls on a sidewalk in front of a building, the owner is liable for any injuries sustained.


The law has recently changed, making it easier for individuals to file claims related to defective sidewalks. In the past, the city was responsible for maintaining sidewalks, and residents had to file a notice with the city before filing a claim against the property owner. However, in 2019, the city changed the law to shift responsibility to property owners entirely. The objective of this change was to shift the workload from the city to the property owners and to encourage property owners to maintain their sidewalks.


It's worth noting that property owners can avoid liability by following the city’s rules for sidewalk repair and maintenance. When a sidewalk shows signs of being defective, the property owner must repair it immediately. For instance, if the sidewalk has cracks wider than half an inch, they must either repair or replace it. Similarly, if the sidewalk was shifted more than one inch in any direction, the property owner must also do the necessary repairs.


If a person falls and is injured on a sidewalk in front of a private residence, the homeowner’s insurance policy may cover any damages or medical expenses. However, if the property owner fails to maintain the sidewalk, they may be exposed to potential lawsuits. Property owners should ensure that their insurance policy covers them for injuries caused by falls on their sidewalks.


Injury lawsuits for falls on defective sidewalks are prevalent in New York, and property owners are typically at the receiving end of these lawsuits. Property owners should invest in routine sidewalk maintenance to ensure that the sidewalks remain safe and meet the city guidelines. In addition, they should also make sure that the insurance policy they’ve chosen covers them for sidewalk injuries.


In summary, property owners in New York City are responsible for maintaining and repairing the sidewalks in front of their buildings. If a person falls and is injured on a sidewalk, the property owner is liable for the injuries sustained. While the recent changes in the law have made it easier for individuals to file claims, property owners can avoid liability by following the city’s guidelines for sidewalk repair and maintenance and investing in sidewalk maintenance to keep sidewalks safe. By prioritizing the safety of pedestrians, property owners can avoid potential lawsuits and maintain safe sidewalks for years to come.

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