In New York City, the owner of the adjacent property is generally responsible for the sidewalk in front of the building, including for uncleared snow and ice. An exception covers one-, two-, and three-family homes that are owner-occupied and used exclusively for residential purposes—for these, liability may rest with the city.
Falls happen on ordinary days: on the way to the subway on Fresh Pond Road, in a supermarket in Maspeth, or on the stairs outside a tenement in Greenpoint. However, the law does not assume that someone is liable for every injury, so the chances of compensation are decided by details—the exact location of the fall, the property owner, and whether the hazard could have been noticed beforehand.
Sidewalks in NYC: Rule §7-210
The basis is §7-210 of the New York City Administrative Code. The owner of property adjacent to a sidewalk must maintain it in a reasonably safe condition and is liable for injuries caused by a failure to do so. The provision explicitly lists the negligent failure to repair damaged sidewalk flags and the failure to remove snow, ice, and dirt.
An exception applies to one-, two-, and three-family homes that are wholly or partly owner-occupied and used exclusively for residential purposes. For such buildings, liability for the condition of the sidewalk may rest with the city. Determining the status of the building—how many units it has, whether the owner lives in it, and whether any business is conducted there—is thus often the first step in a case. It should also be remembered that §7-210 is a municipal ordinance—in Nassau and Suffolk counties, liability is assessed according to different rules, which are also local.
Store, staircase, parking lot: knowledge of the hazard matters
Beyond the sidewalk, the key question is whether the owner or manager created the hazard or knew about it—either actually or “constructively.” The state’s highest court, the Court of Appeals, in Gordon v. American Museum of Natural History, held that a defect must be visible and exist for a sufficient length of time prior to the accident for employees to discover and remedy it. Therefore, a puddle of spilled milk from five minutes ago is evaluated differently than a hole in a carpet that customers have been walking around for weeks. General awareness that a floor can be slippery is not enough by itself.
The behavior of the injured party also matters. The Heller Law Firm, PC reminds on its website that comparative negligence matters in New York: compensation may be reduced in proportion to the injured party’s share of fault in the accident. In slip-and-fall cases, the general rule of CPLR §1411(a) applies—the injured party’s fault reduces the amount, but does not bar the claim altogether.
Deadlines and documentation: what this means for the Polish community
There is generally a three-year statute of limitations to file a personal injury lawsuit (CPLR §214). However, when the defendant is the city or another public entity covered by these rules, a Notice of Claim generally must be filed within 90 days, and the lawsuit must be commenced within one year and 90 days (General Municipal Law §50-e and §50-i). The court may grant permission for a late notice, but that is its decision, not a guarantee. A simple report of a defect, such as through the city’s 311 line, does not replace a formal Notice of Claim.
Health and medical care come first. If possible, however, it is worth photographing the scene of the fall—preferably with a point of reference so it can be located later—collecting witness contact information, and asking the store or manager to prepare an incident report. The shoes worn at the time of the fall and complete medical records are also useful. The condition of a sidewalk or floor can change within a few days, so photos taken immediately are often the most valuable evidence.
Free consultation in Polish
The Heller Law Firm, PC, founded by Norman H. Heller, Esq., handles personal injury cases, including slip and falls. The scope of this practice is described on the firm’s personal injury page.
The initial consultation for an accident case is free, and service is also provided in Polish—at offices in Ridgewood and Lake Success. Phone: 516-441-5656.
This article is for informational purposes only and does not constitute legal advice; reading it does not create an attorney-client relationship. The material constitutes attorney advertising. Prior results do not guarantee a similar outcome.
