Who is Liable for a Sidewalk Accident in New York City?

In NYC, property owners and the City of New York are the two parties that may be responsible for sidewalk accidents. Unfortunately, sidewalk accidents are all too common in New York, but a New York personal injury lawyer can help you determine who’s at fault.

If you were the victim of injuries or damages following an incident that transpired on a public sidewalk, legal counsel can assist you in the process of proving liability. In the meantime, let’s look more closely at what liability means in the context of this type of incident and how you can file a claim.

Who is Responsible for Maintaining Sidewalks in New York City?

In New York City, the responsibility of maintaining sidewalks typically falls on property owners, both residential and commercial. However, as mentioned, the City of New York may be liable under certain circumstances.

By law, property owners are required to adhere to the following expectations: 

• Repair damaged sidewalks to make sure they are safe for use by pedestrians
• Remove snow and ice within a certain time frame after such weather conditions
• Clear debris or obstructions that may create hazards for people on sidewalks

All that said, like many laws in the city, there are exceptions to this rule. For example, the City of New York retains responsibility for maintaining sidewalks adjacent to the following locations: 

• Owner-occupied one-, two-, and three-family residential, non-commercial homes
• Public parks, city-owned buildings, and other municipal properties

In other words, property owners themselves are not liable for ensuring that sidewalks near these areas are well maintained. However, if you sustained any injuries when using a sidewalk located adjacent to these places, you may be able to file a claim against the City of New York. 

It can seem terrifying to go up against an entire city, but that’s what we are here for, and we can defend both your rights and responsibilities as a pedestrian in NYC. After all, finding out the responsible party in a sidewalk accident case is a major step in the pursuit of compensation.

What Are Common Causes of Sidewalk Accidents?

Sidewalk accidents can take place on sidewalks for a number of reasons. Here are some of the most common causes of sidewalk accidents in New York City:

• Uneven pavement
• Snow and ice build-up
• Debris or obstructions
• Potholes or broken sidewalks
• Lack of adequate street lighting

How Do I Prove Liability in a Sidewalk Accident?

For starters, trying to establish fault in a sidewalk accident case on your own is not recommended. We strongly advise that you seek legal counsel and rely on a New York personal injury law firm to determine which party is at fault on your behalf. 

This is because the process of proving who is liable for the incident is convoluted, and it requires a thorough understanding of personal injury laws. However, an experienced New York personal injury attorney can work to obtain the results you need to move forward with your case. 

In order to hold a property owner or the City of New York liable for the sidewalk accident that caused you injuries or damages—if not both—your lawyer may need to prove that the following elements were at play:

• Duty of care: We can show that the property owner or the city had a legal duty to maintain the sidewalk to ensure it was safe for pedestrians.
• Breach of duty: We can work to prove that the responsible party failed to fulfill their duty of care, whether by neglecting to repair a damaged sidewalk, not removing snow and ice in a timely manner, or failing to remove hazards, such as debris.
• Causation: We can strive to establish that either the property owner or the city did not maintain the sidewalk, which directly caused your injury.
• Damages: We can showcase the extent of your injuries and financial losses that have stemmed from the original accident.

How Long Do I Have to File a Sidewalk Accident Claim in New York?

In most instances, the statute of limitations for personal injury lawsuits in New York is three years from the date of the accident. As a result, you have three years—or 36 months—from the date of the accident to file a claim against the liable party. 

However, if you are filing a claim against the City of New York rather than the property owner, the timeline you must adhere to is much shorter. In addition to only having one year and 90 days to file a claim, you must also file a Notice of Claim with the city within 90 days of the accident. 

Failing to meet these deadlines can result in you losing your right to pursue compensation. As such, it is very important that you act quickly and consult with an attorney as soon as possible.

Contact Morelli Law for Help with Your Sidewalk Accident Claim

If you’ve been the victim of a sidewalk accident in New York City, you don’t have to figure out how to start the legal process all by yourself. Instead, allow us to take on the responsibility of building a case on your behalf.

At Morelli Law, we have over 40 years of experience recovering more than $1 billion in damages, and we want to advocate for your right to seek justice. Contact us today for a free consultation to discuss your case, learn about us, and hear how we can help you.