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Slip & Fall· 6 min read

Tripped on a NYC Sidewalk? How to Know if the City or the Landlord is Liable

Dangerous broken concrete sidewalk in New York City

Walking is a way of life in New York City. But with cracked concrete, raised grates, and icy patches, NYC sidewalks can be a minefield. If you trip and suffer a severe injury — like a fractured wrist or a torn knee ligament — the medical bills can be devastating. The immediate question is: Who is paying for this?

The Rule of Liability: Section 7-210

Historically, the City of New York was responsible for maintaining all public sidewalks. However, under NYC Administrative Code Section 7-210, the city successfully shifted the liability. Today, the property owner adjacent to the sidewalk is legally responsible for maintaining it in a reasonably safe condition.

If you trip outside a commercial storefront, a large apartment building, or a vacant lot, the property owner's insurance is usually liable for your injuries — not the City.

The One Big Exception: 1-3 Family Homes

The law exempts owner-occupied, one-, two-, or three-family residential homes. If you fall on a broken sidewalk in front of a small house in Queens or Brooklyn, the City of New York may still be the liable party — which changes your entire legal strategy.

The 90-Day Ticking Clock

Here is why you cannot wait to act. If your injury requires you to sue the City of New York or a municipal agency (like the MTA or NYCHA), you face one of the most unforgiving deadlines in personal injury law:

You must file a formal "Notice of Claim" within 90 days of your accident. If you miss this window, your right to compensation is permanently and irrevocably destroyed — no exceptions.

For claims against private property owners, the statute of limitations is longer — but acting fast is still critical for preserving evidence, locating witnesses, and identifying the correct defendant before property ownership changes.

What to Do Immediately After a Sidewalk Fall

  • Photograph the exact defect that caused your fall — cracked concrete, raised lip, missing grate — from multiple angles
  • Get the exact address of the property adjacent to where you fell
  • Collect contact information from any witnesses
  • Seek medical attention immediately, even if you think your injuries are minor
  • Do not give a recorded statement to any insurance company before speaking with an attorney

The Gotham Injury Solution

Premises liability law in New York is a maze of property records, aggressive commercial landlords, and strict government deadlines. Gotham Injury takes the burden off your shoulders. We curate a specialized team that includes:

  • Elite slip-and-fall attorneys who identify exactly who owns the property and which entity is liable
  • Top-tier orthopedic surgeons to properly evaluate and treat your injuries
  • Investigators who can document the defect and build a record before it gets repaired

Free — No Obligation

The 90-Day Clock Is Already Running.

Contact Gotham Injury today to secure the compensation you deserve before critical deadlines pass.

Get a Free Strategy Session

Response within 24 hours · Strictly confidential · Zero cost to you