What Happens if You’re Injured on Public Property in NYC?

New York City public spaces are meant to serve the community safely. But that’s not always the case. For one reason or another, the City often fails to maintain its property or warn about dangers, resulting in injuries.

If you were hurt on public property—whether you tripped on a broken sidewalk, fell in a subway station, or were injured in a city park—you may have the right to pursue a premises liability claim. However, lawsuits involving the City of New York or other public agencies are very different from standard personal injury cases. There are strict deadlines, special filing requirements, and unique legal hurdles that can make or break your case.

Here’s what you need to know if you’ve been injured on public property in NYC.

What Is Premises Liability?

Premises liability is a legal principle that holds property owners responsible for keeping their property safe for visitors. In simple terms: if someone is injured because of unsafe conditions that the owner knew (or should have known) about, that owner may be liable.

In New York, this applies to both private and public property owners. Businesses, homeowners, and even the City of New York have a duty to keep their premises reasonably safe.

To win a premises liability case, an injured person must prove:

• The property owner owed them a duty of care.
• The owner failed to maintain safe conditions or warn of hazards.
• That failure caused their injury.

What Counts as Public Property in New York City?

Public property includes any space owned, maintained, or operated by a government entity. This can include:

• City sidewalks and crosswalks
• Public parks and playgrounds
• Subway stations, platforms, and stairways
• Public schools and colleges
• Municipal buildings (libraries, courthouses, police stations, etc.)
• Public housing or New York City Housing Authority (NYCHA) properties
• Bus stops and transportation hubs
• Public garages and parking lots

The City of New York, along with agencies like the Metropolitan Transportation Authority (MTA), New York City Transit Authority (NYCTA), Department of Parks and Recreation, and NYCHA, can all be held responsible for unsafe public property under certain circumstances.

The Common Hazards on Public Property

Injuries on public property can happen in many ways. These hazards can lead to catastrophic injuries such as broken bones, concussions, spinal cord damage, or traumatic brain injuries.

Some of the most common hazards include:

• Broken or uneven sidewalks
• Icy or snow-filled walkways
• Potholes and damaged roadways
• Poor lighting in parks, stairwells, or garages
• Loose railings or defective stairs
• Falling debris from city-owned buildings
• Wet or slippery subway platforms
• Unmarked construction zones or uncovered manholes

The City’s Duty to Maintain Safe Public Property

Just like private property owners, the City has a legal duty to maintain its public spaces in reasonably safe condition. This means city agencies must:

• Regularly inspect sidewalks, parks, and buildings.
• Repair dangerous conditions in a timely manner.
• Provide adequate lighting and warning signs.
• Clear snow and ice after storms.
• Maintain handrails, stairs, and flooring in public buildings.

When the City fails to do these things, and someone is injured as a result, it may be held legally responsible for negligence. However, proving negligence against the City can be challenging and time-sensitive.

Why Claims Against the City Are Different

When the City of New York (or any government agency) is involved, different rules apply. Unlike private property owners, the City is protected by a concept called sovereign immunity, which limits when and how it can be sued.

New York law allows injury claims against the government only under specific conditions, and only if strict deadlines are followed.

Here’s what makes these cases unique:

1. You Must File a Notice of Claim

Before you can sue the City, you must file a Notice of Claim within 90 days of the accident. This document notifies the City (or the responsible agency) that you intend to seek damages for your injuries.

If you miss this deadline, your case can be dismissed before it even starts.

2. The City Has 30 Days to Investigate

After you file the Notice of Claim, the City has 30 days to request a hearing where you’ll be asked questions about the accident under oath.

3. You Must File Your Lawsuit Quickly

Once the Notice of Claim is filed, you generally have one year and 90 days from the date of the accident to file your lawsuit in court.

4. You Must Identify the Correct Agency

Different city agencies handle different properties. For example:

• Sidewalk accidents may involve the Department of Transportation (DOT).
• Subway or train injuries may involve the MTA or NYCTA.
• Public housing accidents may involve NYCHA.

If your claim is filed with the wrong agency, it can be denied. You must identify the correct one early.

How to Prove a Public Property Premises Liability Case

Winning a case against the City or another government entity requires strong evidence. You and your attorney must show:

• A dangerous condition existed: This can be photos of the hazard (broken pavement, water leak, poor lighting, etc.).
• The City or agency knew about the condition, or should have known: This is called “notice.” You must show the City had enough time to fix the hazard but didn’t.
• The City’s negligence caused your injury: Can be proven with medical records, witness statements, and expert testimony that help link your injuries to the unsafe condition.
• You suffered real damages: These can include medical bills, lost wages, pain and suffering, and long-term disability.

Examples of City Liability

Some real-world examples of situations where the City or a public agency might be held liable:

• A pedestrian trips on a broken sidewalk in front of a public building.
• A subway passenger slips on a wet platform where no warning signs were posted.
• A child is injured by a broken swing in a city park.
• A visitor to a courthouse falls on poorly lit stairs.
• A resident is hurt in a NYCHA building due to broken flooring or leaking pipes.

Each case depends on the specific facts, but in all these situations, the City has a duty to act with reasonable care.

We Stand Up for Victims of Unsafe Public Property

If you’ve been injured on public property in New York City, don’t wait, your time to take action is limited. The sooner you contact a personal injury lawyer, the stronger your case can be.

At Morelli Law Firm, we are ready to listen, guide you through the claims process, and fight for the justice you deserve. Contact us today for a free, confidential consultation. We’ll help you understand your rights, file your claim correctly, and hold the City accountable for its negligence.