Who is Responsible for Slips and Falls on Sidewalks?

 

In the past, the City of New York was responsible for injuries caused by defective sidewalks. However, the law has changed. Now, in most situations, property owners—both residential and commercial—are responsible for maintaining the sidewalks adjacent to their properties. If someone gets injured due to a dangerous sidewalk condition, the property owner may be held legally liable.

 

When is the City Liable?

 

The City of New York can be held responsible for a sidewalk-related accident only under specific circumstances:

• The sidewalk is adjacent to a 1-, 2-, or 3-family residential home.

 

• The homeowner occupies the residence.

 

• The City received prior written notice of the sidewalk defect before the accident occurred.

 

• If these conditions are not satisfied, then liability typically falls on the property owner.

 

When are Commercial Property Owners Liable?

 

Under New York City’s Administrative Code § 7-210, commercial property owners are obligated to maintain the sidewalks next to their buildings in a safe condition. This includes repairing cracks, removing snow or ice, and addressing other potential hazards.

 

If an injury results from a sidewalk condition that the owner knew about—or reasonably should have known about—the commercial property owner can be held liable. Most commercial owners carry liability insurance that covers personal injury claims arising from sidewalk incidents.

 

Personal Injuries on Private or Residential Sidewalks

 

Some sidewalks are located entirely on private property, such as within gated communities or private residential complexes. In these cases, the responsibility still lies with the property owner, who must:

 

• Maintain the area in a reasonably safe condition. Fix known or discoverable hazards.

 

• Provide adequate warnings to visitors about any existing dangers.

 

• If someone is injured on a sidewalk within a private residential area, the claim may be covered under the homeowner’s insurance policy.

 

Personal Injury Due to Ice or Snow

 

Sidewalk slip-and-fall injuries caused by snow and ice are common during winter. Property owners are responsible for clearing ice and snow from the sidewalks in front of their property within a reasonable time.

 

However, exceptions exist, especially if a storm was still in progress or had just ended. When deciding whether a property owner is liable, the courts may consider:

 

• Whether the snow had stopped before the fall occurred.

 

• How long the snow or ice had been present.

 

• The time of day the fall happened.

 

• Other hazardous conditions that may have contributed to the fall.

 

• Local laws and regulations in the borough where the incident occurred.

 

Conclusion

 

Responsibility for sidewalk injuries generally falls on the property owner, whether residential, commercial, or private. While the City may be liable under specific conditions, most claims involve individual or business property owners who are expected to maintain their sidewalks. Whether the hazard involves a structural defect or seasonal elements like snow and ice, proper upkeep and timely action are essential. If a fall does occur, identifying who is responsible depends on the location, ownership, and circumstances surrounding the incident. Property owners can avoid liability by hiring licensed sidewalk contractors to keep their sidewalks safe and compliant.