New York Sidewalk Accident Lawyer

A cracked slab, a slab lifted by tree roots, an unshoveled patch of ice — sidewalk hazards are so common in New York that many people barely notice them until they’re the reason they’re lying on the pavement with a broken wrist or worse. Sidewalk accident cases are also uniquely complicated in New York, because the law determining who is responsible — a private property owner, a business, a contractor, a utility company, or the City itself — depends on specific statutes that most injured pedestrians have never heard of.

For more than 45 years, Hill & Moin LLP has represented pedestrians injured on New York’s sidewalks, securing settlements that include $2 million for a pedestrian who slipped on an icy sidewalk, $1.2 million for a tourist who suffered a serious eye injury after falling on a broken sidewalk, $875,000 for a trip-and-fall on a defective sidewalk, and $500,000 against a utility company for a sidewalk trip-and-fall caused by utility work. We know how to identify every liable party in a sidewalk case — including the ones an insurance adjuster hopes you never find.

If you or a loved one was injured in a sidewalk fall, call (212) 668-6000 for a free, 24/7 consultation. There is no fee unless we win.

Sidewalk and Trip-and-Fall Injuries Remain a Major, Preventable Hazard

Falls on sidewalks, walkways, and other level or near-level surfaces are one of the most common — and most commonly underestimated — sources of serious injury in the United States, and New York City’s dense pedestrian environment, aging infrastructure, and harsh winters combine to make the risk especially persistent.

The National Safety Council reports that 48,308 people died from falls at home and at work in 2024, accounting for roughly 24% of all preventable injury-related deaths nationwide that year — and trip-and-fall incidents on sidewalks and walkways are a major contributor to that broader falls category.
The CDC reports that over 14 million adults age 65 and older — about 1 in 4 — fall each year, with roughly 37% of those falls causing an injury serious enough to require medical treatment. Uneven and poorly maintained sidewalks are a well-documented hazard for this population in particular.
CDC data shows the age-adjusted fall death rate among older adults rose 21% between 2018 and 2024 nationally, underscoring that falls, far from declining, remain an increasing public health concern.
New York City recorded its safest year for pedestrians on record in 2025, with pedestrian traffic fatalities falling to 111, according to the NYC Department of Transportation — but that data tracks vehicle-related pedestrian deaths, not the separate and less-tracked toll of trip-and-fall injuries caused by defective sidewalks, which continue to generate thousands of personal injury claims against property owners and the City each year.
With over 8.3 million residents and tens of millions of annual visitors relying on roughly 12,750 miles of sidewalk citywide, even a small percentage of poorly maintained sidewalk segments translates into a significant, ongoing source of pedestrian injuries across the five boroughs.

If a dangerous sidewalk condition caused your fall, an experienced premises liability attorney can help you determine which party — or parties — failed in their legal duty to keep that sidewalk safe.

Common Causes of New York Sidewalk Accidents

Sidewalk hazards develop for many reasons, and identifying the specific cause of your fall is often the key to identifying who is legally responsible. Common causes we investigate include:

Cracked, broken, or crumbling concrete that creates uneven walking surfaces or sudden height differentials
Sidewalk uplift from tree roots, a widespread problem on tree-lined residential blocks where roots push slabs upward
Potholes and depressions in sidewalks, curb cuts, and pedestrian ramps
Construction and excavation hazards, including uncovered utility access points, temporary walkways, and debris left on pedestrian paths
Snow and ice that property owners failed to clear within the legally required time frame
Poor or deferred maintenance, including sidewalks that were never properly repaired after a known defect was reported
Missing or defective curb ramps that create sudden drop-offs or trip hazards
Uneven sidewalk flags where adjoining slabs have settled at different heights
Grates, covers, and utility access points that are cracked, missing, or improperly secured
Debris, spilled liquids, or protruding objects left on a sidewalk by an adjacent business

Who Is Liable? Understanding NYC’s Sidewalk Law

New York City’s sidewalk liability rules are different from most of the country, and understanding them is essential to building a successful case.

The NYC Sidewalk Law: Administrative Code § 7-210

Since 2003, NYC Administrative Code § 7-210 — often called the “Sidewalk Law” — has shifted the legal duty to maintain sidewalks, and the liability for injuries caused by unsafe sidewalks, from the City of New York to the owners of the property that the sidewalk abuts. Under § 7-210:

Owners of commercial property and most residential buildings (including multi-family buildings) are legally responsible for keeping the sidewalk in front of their property in a reasonably safe condition.
This duty is non-delegable — meaning an owner cannot avoid liability simply by hiring a contractor, superintendent, or management company to handle sidewalk repairs. If the sidewalk isn’t safe, the owner can still be held responsible.
Failure to maintain a safe sidewalk includes the failure to repair defective sidewalk flags and the failure to remove snow, ice, dirt, or other hazardous material.
A key exception applies to owner-occupied one-, two-, or three-family homes used exclusively for residential purposes — for these properties, the City may retain liability in certain circumstances.

When the City of New York Can Still Be Liable

Even with § 7-210 in effect, the City remains responsible for certain sidewalk-adjacent features, including tree wells, pedestrian ramps, and curbs in some circumstances, and for defects the City itself created (for example, through a City construction project). Claims against the City also require strict compliance with prior written notice requirements, meaning the City generally cannot be held liable unless it had prior written notice of the specific defect before the accident occurred — a significantly higher bar than the “reasonably safe condition” standard applied to private owners.

Other Potentially Liable Parties

Because a single sidewalk segment can involve multiple responsible entities, sidewalk cases frequently require identifying more than one liable party, including:

Adjacent commercial property owners, who bear primary responsibility under § 7-210
Residential landlords and multi-family building owners, who share the same non-delegable duty
The City of New York, for city-created defects, tree wells, curb defects, or sidewalks abutting exempt residential properties
Contractors and construction companies, when ongoing construction, excavation, or repair work created or left behind a hazardous condition
Utility companies, when utility work — such as opening a sidewalk for pipe, cable, or electrical access — left the sidewalk unsafely restored or improperly covered

Evidence Needed to Prove a Sidewalk Accident Claim

Sidewalk cases often hinge on documenting exactly what the hazard looked like and how long it existed. A strong claim is typically supported by:

Photographs and video of the defect, taken as soon as possible and before any repair is made
Measurements of the defect, since New York courts often look at factors like height differentials and defect size when evaluating whether a condition was trivial or actionable
Surveillance footage from nearby businesses or buildings, which may need to be preserved quickly through a formal request before it’s overwritten
NYC 311 complaint records and Department of Transportation (DOT) inspection or violation records, which can establish how long a defect existed and whether it was previously reported
Property ownership records, to correctly identify the abutting owner responsible under § 7-210
Witness statements from bystanders, neighbors, or other pedestrians
Weather data and maintenance logs, in cases involving snow or ice
Medical records documenting the injury, treatment, and prognosis
Expert engineering analysis, particularly in cases involving tree root uplift, utility restoration work, or disputed defect measurements

Because a defective sidewalk can be repaved or repaired quickly once the City or an owner becomes aware of it — sometimes within days of an accident — prompt documentation is one of the most important things an injured pedestrian can do.

Comparative Negligence in Sidewalk Cases

New York applies a “pure comparative negligence” rule, which means an injured pedestrian can still recover compensation even if they were partly at fault for their own fall, though the total award is reduced by their percentage of responsibility. Insurance companies for property owners and the City frequently argue that a pedestrian wasn’t watching where they were walking, was using a phone, or was wearing inappropriate footwear, in an effort to reduce or deny a claim. An experienced sidewalk accident attorney can counter these arguments with photographic evidence, defect measurements, and prior complaint history showing the hazard — not the pedestrian’s conduct — was the real cause of the fall.

Notice of Claim Requirements When a Government Entity Is Involved

If your sidewalk accident may involve the City of New York, the New York City Housing Authority, the MTA, or another public entity, special and much shorter deadlines apply. In most cases:

A Notice of Claim must be filed within 90 days of the accident under General Municipal Law § 50-e — far shorter than the standard three-year statute of limitations for private personal injury claims.
The Notice of Claim must correctly identify the responsible government agency, describe the accident and injuries in detail, and be served using a legally proper method.
For sidewalk claims specifically, the City generally cannot be held liable without prior written notice of the defect, which must be established separately from the Notice of Claim itself.
Missing the 90-day deadline, or naming the wrong government entity, can result in a claim being permanently barred — regardless of how serious the injury is.

Because so many sidewalk falls initially appear to involve only a private property owner but later turn out to involve city-owned infrastructure (or vice versa), it’s critical to consult an attorney immediately so all potential government notice deadlines are identified and met. Hill & Moin regularly handles these claims, including matters involving the NYC Department of Transportation and NYCHA.

Common Injuries from Sidewalk Falls

Because sidewalk falls often happen suddenly and without warning, victims frequently can’t brace themselves properly, leading to serious injuries, including:

Traumatic brain injuries, including concussions and more severe closed head injuries from striking the pavement
Spinal cord injuries, including herniated discs and, in severe cases, paralysis
Fractures, especially of the hip, wrist, arm, and ankle
Facial injuries, dental damage, and eye injuries, common in forward falls onto hard pavement
Soft tissue injuries, including sprains, strains, and torn ligaments
Shoulder and rotator cuff injuries from attempting to catch oneself during a fall

If you or a loved one suffered a traumatic brain injury or spinal injury in a sidewalk fall, it’s essential to work with attorneys who understand how to fully value the long-term medical costs and lost earning capacity these injuries often involve.

Compensation Available After a Sidewalk Accident

Depending on the facts and severity of your injuries, compensation in a New York sidewalk accident case may include:

Past and future medical expenses, including surgery and rehabilitation
Past and future lost wages and diminished earning capacity
Pain and suffering and loss of enjoyment of life
Permanent disability, disfigurement, or scarring
Costs of home modifications or assistive equipment for permanent injuries
Wrongful death damages for surviving family members in fatal cases

Steps to Take Immediately After a Sidewalk Accident

Seek medical attention immediately, even if your injuries seem minor at first.
Photograph the defect that caused your fall — the crack, uplift, pothole, ice, or debris — from multiple angles, and include something for scale if possible.
Identify the property the sidewalk abuts, including the address and any visible business or building name, since this will help identify the responsible owner under § 7-210.
Get contact information for witnesses.
Report the accident to the property owner, business, or building management, and request a written incident report if applicable.
Preserve your clothing and footwear worn at the time of the fall.
Avoid recorded statements to any insurance company before speaking with an attorney.
Contact an experienced New York sidewalk accident lawyer immediately, since Notice of Claim deadlines for government-related sidewalk defects can be as short as 90 days.

Why Choose Hill & Moin LLP for Your Sidewalk Accident Case

Hill & Moin LLP has spent more than 45 years fighting for injured New Yorkers, recovering over $400 million for our clients. Our sidewalk and premises liability results include a $2 million settlement for an icy sidewalk fall, a $1.2 million settlement for a tourist injured on a broken sidewalk, an $875,000 settlement for a defective sidewalk trip-and-fall, a $500,000 settlement against a utility company for a sidewalk hazard, and a $370,000 settlement for a fall on a defective sidewalk during a snowfall.

We understand the technical rules that make New York sidewalk cases uniquely complicated — from correctly applying NYC Administrative Code § 7-210 to meeting the strict Notice of Claim deadlines that apply whenever a government entity may be involved. Our attorneys work with engineering experts and investigators to document sidewalk defects before they disappear, and we are fluent in Spanish, Russian, French, Yiddish, and Ukrainian to serve New York’s diverse communities. We handle every case on a contingency-fee basis: there is no fee unless we win.

We also regularly represent clients in related matters, including slip and fall and trip and fall accidents, stairway accidents, general premises liability claims, and pedestrian accidents involving vehicles, giving injured New Yorkers a single experienced team no matter how their accident happened.

Frequently Asked Questions

Who is responsible if I trip and fall on a broken sidewalk in New York City? Under NYC Administrative Code § 7-210, the owner of the property that the sidewalk abuts is generally responsible for keeping it in a reasonably safe condition, and can be held liable for injuries caused by cracks, uneven slabs, or unaddressed snow and ice. Exceptions exist for owner-occupied one-, two-, or three-family homes, where the City may retain liability.

Can I sue the City of New York for a sidewalk accident? In limited circumstances, yes — particularly if the defect involves a tree well, curb, or pedestrian ramp, if the City itself created the hazard, or if the sidewalk abuts an exempt owner-occupied residential property. However, claims against the City require strict compliance with prior written notice rules and a Notice of Claim filed within 90 days.

What if a utility company’s work caused the sidewalk hazard? Utility companies that open sidewalks for pipe, cable, or electrical work can be held liable if they fail to properly restore the sidewalk to a safe condition afterward, leading to trip hazards from uneven pavement or improperly secured covers.

How long do I have to file a sidewalk accident lawsuit? Claims against private property owners generally must be filed within three years of the accident. Claims potentially involving a government entity require a Notice of Claim within 90 days and carry additional procedural requirements, so it’s critical to consult an attorney as soon as possible.

Will I still recover compensation if I was partly to blame for my fall? Yes. New York’s pure comparative negligence rule allows recovery even if you were partially at fault, though your compensation will be reduced by your assigned percentage of responsibility.

What if the sidewalk defect was caused by tree roots? Sidewalk uplift caused by tree roots is a common and well-documented hazard. Liability typically still falls on the abutting property owner under § 7-210, though the City may share responsibility if the tree is a city-owned street tree and other specific factors apply.

Do I need a lawyer if my injuries seem minor at first? Yes — many sidewalk fall injuries, including fractures and head injuries, aren’t immediately obvious. Consulting an attorney early also ensures evidence is preserved and any applicable government notice deadlines aren’t missed while you’re still assessing the extent of your injuries.

Injured on a Defective New York Sidewalk? Call Hill & Moin LLP Today

You shouldn’t have to fight an insurance company — or figure out on your own whether a landlord, a utility company, or the City is responsible — while you’re trying to recover from a serious injury. Hill & Moin LLP has spent over four decades identifying every liable party in complex New York sidewalk cases and fighting to secure full compensation for our clients. Sidewalk defects get repaired fast and government deadlines are short, so the sooner you call, the stronger your case will be.

Call (212) 668-6000 now for a free, 24/7 consultation. There is no fee unless we win.

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