When walking on the sidewalk, we expect the ground beneath us to be safe and stable. Yet, all too often we find ourselves suffering life-altering injuries after tripping and falling from a raised or depressed flag, a dangerous crack or other hazardous defects on the sidewalk that the City of New York or its contractors failed to remedy or even created. Often, these defects in the sidewalk are obscured or even “invisible” until it’s too late. Rainwater, shadows, or poor lighting can disguise these hazards, making them especially treacherous. These hazards are not merely accidents waiting to happen, but instead, they are preventable dangers that could and should have been avoided but for the City of New York’s negligence.
While the New York City Administrative Code § 7-210 generally holds property owners responsible for maintaining the sidewalks adjacent to their properties, this regulation holds the City responsible for sidewalks adjoining single or two-family dwellings, and for many public spaces, parks, crosswalks, and roadways. Thus, when the City fails to maintain public walkways, it can, and should, be held accountable for any injuries those hazardous areas cause. A fall caused by a dip in the pavement can lead to, among other injuries, extremity fractures, ligament tears, head trauma, and long-term back and neck injuries. Victims are entitled to pursue compensation for medical expenses, lost wages, pain and suffering, and more. Learn more about your rights on our Personal Injury page.
How the City Can Be Held Liable
To hold the City accountable, it must be shown that the City had prior written notice of the defect, or that it created the condition through negligent repairs or construction. This written notice requirement comes from Section 7-201(c)(2) of the New York City Administrative Code. In other words, unless the City had a written record about the dangerous dip in the ground before your fall, the City cannot be held liable for your accident.
In addition to asserting a defense that it lacked prior written notice, it is common for the City to argue that the defect was “trivial” — too small or insignificant to create liability. While this can be a persuasive argument, courts will look at all of the surrounding circumstances, including lighting, location, and visibility. Even a half-inch dip can be dangerous if it blends into the surrounding ground or occurs in a busy pedestrian area.
Proving Prior Written Notice
To establish that the City had prior written notice, you must look to documents including work orders, complaints, maintenance records, 311 complaints, DOT inspection logs, and Big Apple Pothole and Sidewalk Protection Corporation maps. These records can be obtained using the Freedom of Information Law (FOIL) to request that the City produce its records. However, a FOIL request often does not receive a response before you are required to submit a claim against the City to preserve your rights to bring a lawsuit.
Filing Deadlines and Notice Requirements
In this regard, claims against the City require a Notice of Claim to be filed within 90 days of the incident, and the lawsuit must be filed within one year and ninety days. Missing these deadlines could bar your claim completely. For more on municipal claims, visit our Premises Liability section.
Get Legal Help After a Sidewalk Accident
If you were hurt due to a dangerous dip in the ground, speak with an experienced New York City slip and fall lawyer as soon as possible to protect your rights. The sooner you act, the better your chances of preserving key evidence and meeting important legal deadlines.
At Grandelli & Eskenasi, our attorneys have decades of experience handling cases against the City of New York for dangerous sidewalk conditions and other municipal negligence. We can investigate your claim, gather the necessary records, and help you recover the compensation you deserve. Contact us today for a free consultation.
