New York sidewalks are the arteries of daily life in the city, connecting millions of residents, commuters, and visitors. When sidewalks fall into disrepair, a simple crack can cause devastating injuries. Falls caused by uneven pavement, loose stones, or poorly maintained sidewalks are among the most common personal injury claims in New York City.

Seeking compensation for advanced care can be complex. Building a strong claim requires identifying who owns the adjacent property, documenting the defect, and determining if the City or a private owner had prior notice. Understanding these distinctions determines if you are entitled to compensation and from whom.

Who is Legally Responsible for Maintaining NYC Sidewalks?

Many assume New York City is responsible for every sidewalk within its borders, but New York City Administrative Code §7-210 assigns maintenance duties to property owners. Property owners are liable for personal injuries from unsafe sidewalk conditions adjacent to their properties. The exception is for one-, two-, or three-family owner-occupied residential homes, where the City may still be responsible.

At Seitelman Law Offices, we regularly assess liability. Whether your fall occurred outside a commercial building, municipal facility, or private residence, finding the proper defendant is critical. If the City is responsible, strict procedural rules apply—prompt legal action is essential to preserve your rights.

Common Causes of Sidewalk Cracks in New York City

Sidewalk cracks develop for countless reasons, but NYC’s climate and density accelerate deterioration. Freeze-thaw cycles cause expansion/contraction under concrete slabs, leading to cracks and uneven surfaces. Heavy foot traffic, delivery trucks, and construction vibrations further weaken the pavement.

Tree roots, aging infrastructure, and water main leaks contribute to rapid deterioration. Bicycles, e-bikes, e-scooters, hoverboards, Segways, rollerblades, and wheelchairs also increase pavement wear and risk of injury on city sidewalks.

These hazards are inevitable, but neglecting repair can expose owners or the City to liability if someone is injured.

Proving Negligence in a Slip-and-Fall Due to Cracked Sidewalks

To hold the City or a property owner responsible, an injured person must prove negligence: duty, breach, causation, and damages.

Duty means the defendant had an obligation to keep the sidewalk reasonably safe. Breach occurs when that duty is violated (e.g., failing to fix a crack). Causation links that failure to the injury, and damages include physical, emotional, and financial harm.

For City cases, plaintiffs must prove prior written notice of the defect. Under NYC Administrative Code §7-201(c)(2), the City is not liable for injuries unless it received written notice or created the condition through negligent repair or construction. This “prior notice law” is a major barrier to recovery in city sidewalk claims.

Attorneys may use Department of Transportation (DOT) records or “Big Apple Maps” from citizen surveys to show the City was aware of a hazard before an accident.

How the Notice of Claim Process Affects Lawsuits Against the City

When the City is a defendant, timing is critical. Injured parties must file a Notice of Claim within 90 days of the accident, informing the City of the incident and legal intent. This step is mandatory; failure to file can dismiss the claim.

The City may then conduct a 50-h hearing (like a deposition), requiring you to answer questions under oath about the incident and injuries. Only after this may a lawsuit proceed.

Consulting an experienced attorney immediately helps ensure all deadlines and requirements are met.

What Damages Can Be Recovered After a Sidewalk Accident?

If liability is established, injured individuals may recover medical expenses, lost income, and pain and suffering. Serious injuries—fractures, head trauma, spinal cord injury—often require long-term care and rehab.

Victims may pursue damages for loss of enjoyment of life or diminished earning capacity if injuries prevent regular work or activities. Mobility aid users may face catastrophic harm if sidewalks are hazardous.

Strong medical records and prompt reporting strengthen your claim’s value and credibility.

Why You Should Hire an NYC Slip-and-Fall Attorney

Legal process after a sidewalk injury in NYC is complex and requires municipal code knowledge, strict deadlines, and technical evidence of notice or neglect. A skilled attorney identifies responsible parties, gathers maintenance records, and coordinates expert testimony to establish liability.

Seitelman Law Offices represents individuals hurt in NYC sidewalk accidents, guiding clients from initial investigation to settlement or trial. Our knowledge of city regulations and procedures preserves your rights and maximizes compensation.

Get Legal Help for Sidewalk Injury Claims in New York City

If you’re injured due to a cracked or uneven NYC sidewalk, you don’t have to go through this alone. Whether your case involves the City or a private owner, timing, documentation, and diligence shape your outcome.

Seitelman Law Offices helps New Yorkers hurt in sidewalk and pedestrian accidents. For more details about these cases and potential compensation, review our sidewalk accident claims page.

Every accident is unique, and determining liability under NYC’s administrative codes demands precision and care. If you believe you were injured due to a preventable sidewalk hazard, contact us as soon as possible to discuss your recovery options.