Slip and fall injuries commonly occur on sidewalks. You may have tripped on an uneven surface or stumbled over debris in your path. You may be entitled to financial compensation if your injury resulted from someone else’s negligent actions. However, determining liability can be complex. A slip and fall lawyer can help identify the responsible party and gather evidence to support your claim.

Property Owners and Tenants

In most cases, the responsibility for sidewalk maintenance falls on the adjacent property owner under New York City Administrative Code §7-210. This law applies primarily to commercial property owners and owners of multi-family residential buildings. They may be liable for injuries if they fail to repair a known hazard or properly maintain the sidewalk.

If the property is leased, the tenant may also bear some responsibility, depending on the lease terms. Some leases shift maintenance obligations to the tenant, meaning they could be liable for a slip and fall accident instead of—or in addition to—the property owner.

The City

The City of New York may be liable if the sidewalk is adjacent to a one-, two-, or three-family owner-occupied residence used exclusively for residential purposes. In these cases, the city retains responsibility for sidewalk maintenance unless the homeowner created the hazard.

Additionally, the city is responsible for sidewalks near municipal buildings, parks, and other government-owned properties. However, suing the city comes with strict requirements:

  • A Notice of Claim must be filed within 90 days of the accident (General Municipal Law §50-e).
  • There are often caps on damages in claims against government entities.
  • The injured party must prove the city had prior written notice of the defect and failed to fix it in a reasonable time.

Proving Negligence in a Sidewalk Injury Claim

To recover compensation, you must prove that the responsible party was negligent. This requires demonstrating:

  • Duty of Care: The property owner, tenant, or city had a legal obligation to maintain the sidewalk.
  • Breach of Duty: They failed to repair a known hazard or neglected sidewalk upkeep.
  • Causation: The dangerous condition directly caused your injury.
  • Damages: You suffered actual harm, such as medical expenses or lost wages.

Determining liability can be complex, especially if the sidewalk is owned by a business entity, a limited liability company (LLC), or maintained by a third-party contractor. A personal injury lawyer can investigate ownership records, lease agreements, and maintenance contracts to establish responsibility.

Contact the Brooklyn Slip and Fall Lawyers at Rubenstein & Rynecki

If you were injured in a sidewalk accident, the experienced Brooklyn slip and fall lawyers at Rubenstein & Rynecki can help. Schedule a free consultation today by contacting us online or calling 718-522-1020. Located in Brooklyn, we serve clients throughout New York City, including The Bronx, Manhattan, Queens, and Staten Island.