New York City
Sidewalk Accident lawyer

Falling on a sidewalk can change your life in an instant. If you were hurt because of a cracked, uneven, or icy sidewalk in New York City, you may have the right to hold those responsible accountable. Our New York sidewalk accident lawyers at The Silbowitz Firm have helped people who suffered injuries from sidewalk accidents across the city. We can explain your options and help you understand what steps to take after a fall.

Common Causes of Sidewalk Accidents in NYC

Sidewalks in New York City face constant wear and tear. Some common causes of sidewalk accidents include cracked or broken pavement formed from poor soil conditions or heavy foot traffic, uneven surfaces caused by tree roots lifting concrete slabs, snow and ice accumulation during winter months, decorative sidewalk features such as tiles or vault covers that are loose or broken, and ongoing construction projects near sidewalks that leave hazards.

Accidents often happen in areas that people use daily without concern. Sidewalks near schools, subway stations, and popular landmarks like Central Park, Times Square, and Grand Central Terminal are high-traffic zones where minor defects can quickly turn into dangerous hazards. Some neighborhoods, like the historic streets of the West Village or the tree-lined blocks of Brooklyn Heights, are particularly prone to pavement issues because of older infrastructure. Even routine routes, like the walk from Penn Station to Madison Square Garden, can contain hidden hazards that catch pedestrians off guard.

Who is Responsible for Sidewalk Safety

In New York City, responsibility for sidewalk maintenance can fall on either the property owner or the city. Property owners are generally responsible for the sidewalks in front of their buildings. The City of New York takes responsibility for sidewalks adjacent to one, two, or three-family homes where the owner resides. In some cases, sidewalks on city-owned property, including parks or government buildings, are maintained by the city.

Proving liability is a key part of a sidewalk accident case. You must show that the responsible party either knew or should have known about the defect. There are two main types of notice. Actual notice occurs when the owner was directly informed about the hazard, such as a neighbor alerting them to a crack or uneven pavement. Constructive notice occurs when the hazard existed long enough that the owner should have discovered it while exercising reasonable care over their property.

Steps to Take After a Sidewalk Accident

After an accident, your actions can significantly impact your ability to recover damages. Document the scene by taking photos of the area where you fell, including any cracks, potholes, or icy spots. Wide-angle shots of the surrounding area help show context and traffic patterns. Get witness information by collecting names and contact details from anyone who saw the accident. 

Witness statements can be critical to proving that the hazard existed. Report the accident by notifying the property owner or responsible party if possible. Filing an incident report at a nearby business or with building management can help create a record. Seek medical attention even if injuries seem minor. Mention the sidewalk accident so it is documented in your medical records. File a notice of claim if necessary. If the city is responsible, a notice of claim must be submitted within 90 days. Missing this deadline can prevent you from filing a lawsuit later.

For example, a pedestrian who fell on a raised sidewalk slab outside a Manhattan coffee shop documented the scene with photos and contacted a manager immediately. This record was used to demonstrate the defect’s existence and supported a successful claim.

Proving Liability in Sidewalk Accident Cases

To pursue compensation, you must show that the hazardous condition was a substantial factor in causing your injury. Evidence is critical in these cases and may include photographs or videos of the defect, 3D scans of damaged concrete or raised pavement, physical samples of decorative sidewalk materials that caused the accident, medical records documenting injuries, and witness statements confirming the dangerous condition.

Even if repairs were made after your accident, timely evidence can still support your case. In one instance, a broken vault cover in front of a Brooklyn restaurant caused a fall. The property owner attempted to replace the cover before the case went to court. Our legal team collected the original pieces of the sidewalk feature and presented them as evidence, which helped the jury clearly see the hazard that caused the injury.

Deadlines and Legal Requirements

Sidewalk accident claims have strict timelines. Acting quickly ensures your case is not barred. For private property owners, you generally have three years to file a negligence claim. For city-owned sidewalks, you must file a notice of claim within 90 days and then file a lawsuit within one year and 90 days after the incident.

Understanding these deadlines is crucial. Legal disputes can arise over sidewalk ownership, and adjacent property owners or contractors may need to be included as defendants if liability is unclear. For instance, a construction project on a nearby street in Queens led to debris on the sidewalk that caused a pedestrian fall. Both the property owner and the construction company were added as defendants to ensure all liable parties were held responsible.

Injuries Commonly Caused by Sidewalk Accidents

Sidewalk falls can result in serious and long-lasting injuries. Common injuries include broken bones, especially arms, wrists, hips, and legs, head injuries including concussions and traumatic brain injuries, sprains and strains in ankles, knees, and wrists, lacerations from sharp edges or debris, and spinal injuries or herniated discs.

Even injuries that appear minor at first can become serious if left untreated. Prompt medical attention is important for your health and for documenting your case. In one Upper East Side case, a woman who slipped on ice initially thought she was uninjured but later developed chronic knee pain. Medical records from her follow-up visits helped prove the extent of her injury and supported her claim for compensation.

Evidence and Investigation Strategies

Successful sidewalk accident cases rely on detailed investigation. This may include on-site inspections to measure damage and determine hazard severity, collecting eyewitness testimony and reviewing incident reports, examining repair records or maintenance logs from property owners or the city, using technology such as 3D scanners or photographs to preserve evidence, and documenting weather or environmental conditions that contributed to the accident.

Having strong evidence ensures the responsible party cannot claim they were unaware of the hazard or that the injury was your fault. Investigators may also look at maintenance schedules to determine whether defects were ignored over time. For example, in Brooklyn Heights, a defective sidewalk slab near a historic brownstone was ignored despite prior complaints from neighbors. Photographs and historical maintenance records were used to show constructive notice in the lawsuit.

Why Contact a Lawyer After a Sidewalk Accident

Sidewalk accident cases involve strict rules, deadlines, and complex liability issues. Working with an experienced attorney helps ensure that you meet all filing deadlines for notice of claim or lawsuits, evidence is collected properly and preserved, liability is determined correctly, even if multiple parties are involved, and your injuries and losses are fully documented for compensation.

Legal guidance is especially helpful when multiple property owners or construction projects may share responsibility. Our team can investigate, gather evidence, and represent you in court if necessary. In a case near Grand Central Terminal, our team identified that both the city and an adjacent building owner were liable for a raised sidewalk slab that caused a pedestrian fall. Prompt legal action ensured the injured party received full compensation.

Recoverable Damages in Sidewalk Accident Cases

Victims of sidewalk accidents may be entitled to various types of compensation, including medical expenses for treatment and rehabilitation, lost wages due to inability to work, pain and suffering or emotional distress, long-term care or disability costs if the injury is severe, and property damage such as personal items broken during a fall.

Documenting these losses carefully strengthens your claim and ensures fair compensation. In one Manhattan case, an individual suffered a wrist fracture and a concussion after tripping on uneven pavement near a construction site. Medical bills, missed work, and documented pain supported a successful settlement that covered all expenses.

Contact Us Today

If you or a loved one were injured on a New York City sidewalk, call The Silbowitz Firm at (516) 375-6692. We offer free consultations to review your case, explain your rights, and guide you through the legal process. Acting quickly can make a significant difference in preserving evidence and filing your claim on time.