Who Is Responsible for Cracked or Damaged Sidewalks in New York?

A broken or uneven sidewalk can cause someone to fall and suffer a potentially serious injury. Determining who is responsible for the repair of damaged sidewalks in New York depends on several factors: including where the accident occurred, who owns the nearby property, and what caused the dangerous condition.

In some cases, a property owner may be responsible. In others, responsibility may fall on the municipality or a third party. If you were injured because of a cracked or damaged sidewalk in New York State, schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.

Key Takeaways About Sidewalk Liability in New York

• Local laws can determine whether a property owner, city, town, or village is responsible for maintaining the sidewalk.
• In New York City, many property owners are responsible for keeping sidewalks next to their properties in a reasonably safe condition.
• Certain owner-occupied homes in NYC are exempt from this rule, but the homeowner may still be responsible if they created or worsened the condition.
• Cities like Rochester and Buffalo also require many property owners to maintain sidewalks next to their properties.
• Claims involving a city or other government entity may have special notice rules and shorter deadlines.

Who Is Responsible for Maintaining Sidewalks in New York?

The laws for sidewalk responsibility vary depending on where in New York the accident occurs. In some areas, a city, town, or village may be responsible for maintaining public sidewalks. In others, a property owner may be responsible under local law or if they caused the dangerous condition.

Responsibility after a sidewalk injury may depend on several factors, including:

• Where the accident occurred
• Who owns the property next to the sidewalk
• Whether local law makes the property owner responsible
• Who created or contributed to the sidewalk defect
• Whether the sidewalk was being used for a private purpose
• Whether the municipality received notice of the dangerous condition

Because local laws can differ, determining responsibility often requires looking closely at where the accident happened and how the sidewalk became damaged.

Who Is Responsible for Sidewalks in New York City?

NYC has specific laws for sidewalk maintenance. Under Section 7-210 of the New York City Administrative Code, most property owners are responsible for keeping the sidewalks next to their properties in a reasonably safe condition. This includes making necessary repairs when a sidewalk becomes cracked, uneven, or otherwise unsafe.

This rule applies to many commercial properties and apartment buildings. If a property owner doesn’t properly maintain the adjoining sidewalk and someone is injured as a result, the owner may be liable. .

There’s an important exception for certain owner-occupied one, two, or three-family homes. If the owner lives in all or part of the property and it’s used only as a residence, the standard liability rule doesn’t apply. In those cases, the city may be liable for injuries caused by a dangerous sidewalk condition. However, the homeowner may still be responsible if they created or worsened the condition or if it resulted from a special use of the sidewalk, such as a driveway.

What About Sidewalks Outside New York City?

Outside New York City, responsibility for damaged sidewalks varies by location.Many municipalities have their own laws explaining who must maintain public sidewalks and when a nearby property owner may be responsible.

For example, Rochester requires property owners to maintain sidewalks next to their properties, although the City also has a hazardous sidewalk repair program for certain conditions. Buffalo also requires owners or occupants to keep sidewalks in front of their property in good repair, with some exceptions for damage caused by trees or roots on City-owned land.

A property owner may be responsible if they:

• Created the dangerous sidewalk condition
• Made repairs that caused or worsened the damage
• Used part of the sidewalk for a private purpose
• Are required by local law to maintain the sidewalk

One example is what New York courts call a “special use.” This can happen when a property owner uses part of a sidewalk for a purpose that benefits the property, such as a driveway. If that use contributed to the dangerous condition, the property owner may be responsible for injuries resulting from a trip and fall.

What Types of Sidewalk Damage Can Cause Injuries?

A sidewalk doesn’t have to be badly damaged to create a hazard. Even a small crack, raised edge, or uneven section can cause someone to trip and fall, especially if the defect is difficult to see.

Common sidewalk hazards include:

• Cracked or broken concrete
• Raised or uneven sidewalk slabs
• Holes or missing pavement
• Poorly completed repairs
• Loose or worn materials
• Snow, ice, or debris

If you’re injured on a sidewalk, photos or videos of the area can help document what the condition looked like at the time of the accident. This can be especially important if the sidewalk is later repaired or changed.

Does the City Need to Know About the Damaged Sidewalk?

When a city, town, or village may be responsible for a sidewalk, one important issue is whether the municipality received notice of the dangerous condition before the accident. Many New York municipalities have prior written notice laws that require the proper government office to receive written notice of a sidewalk defect before the municipality can be held liable for an injury.

There can be exceptions depending on how the dangerous condition was created. That’s why cases involving a municipality may require a detailed review of complaints, repair history, maintenance records, permits, and other evidence to determine what the municipality knew and whether the legal notice requirements were met.

What Are the Deadlines for Filing a Sidewalk Injury Claim Against a Municipality?

If a city, town, village, or other municipality may be responsible for a sidewalk injury, the deadlines can be much shorter than in a typical personal injury case. Under New York’s General Municipal Law, a notice of claim generally must be served within 90 days after the claim arises.

After the notice is served, at least 30 days generally must pass before a lawsuit can be started. In most cases, the lawsuit must then be filed within one year and 90 days of the accident. These rules apply to municipalities such as New York City, Buffalo, and Rochester.

Some public authorities and government entities can have their own claim requirements, so the exact deadline can depend on who is responsible for the property.

What Should You Do After a Sidewalk Injury?

If you’re injured after tripping or falling on a damaged sidewalk, documenting the area can help preserve important information about what happened. Take clear photos and videos of the defect, the surrounding sidewalk, nearby buildings, and anything else that shows exactly where the accident happened.

You should also:

• Report the accident to the property owner or appropriate municipality
• Get contact information from witnesses
• Save medical records, bills, and other accident-related documents
• Write down the details of the accident as soon as possible

Taking these steps can help preserve important evidence and make it easier to understand what happened and who may be responsible.

Determining Responsibility for a Damaged Sidewalk

Determining who is responsible for a cracked or damaged sidewalk may require more than identifying the nearest property owner. The answer depends on local sidewalk laws, property ownership, and how the dangerous condition developed.

If you’re injured due to a cracked or damaged sidewalk and have questions about who may be responsible, an experienced personal injury attorney at Cellino Law can help. Schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.