Responsibility depends on the exact spot
Within New York City, responsibility for a sidewalk often rests with the owner of the abutting property for keeping it reasonably safe, though there are exceptions, including some smaller owner-occupied homes, where responsibility can fall on the City. Defects around a utility cover or grating may belong to the utility that owns it, and curbs and crosswalks can be treated differently from the sidewalk itself. Many New York municipalities, including the City for the stretches it maintains, have prior written notice laws that limit claims unless the defect was reported in writing, with narrow exceptions. Courts also consider whether a defect was too minor to support a claim, looking at its size and the surrounding circumstances rather than a fixed measurement. All of this is why the precise location matters so much.
Recording the defect and the injury
If you are able, photograph the defect soon after the fall from several angles with something next to it for scale, and photograph the surrounding area, including nearby addresses or storefronts. Sidewalks are sometimes repaired quickly after an accident, so early images may end up being the only record. Keep the shoes you were wearing, get the names and numbers of witnesses, and seek medical care promptly, keeping all records and bills. Report the fall to the property owner or manager if one is present, but avoid giving a detailed recorded statement to an insurer before talking with a lawyer. Nearby cameras may have captured the fall, and that footage is often overwritten before long.
Deadlines and the first conversation
If a city or other public body may be responsible, a notice of claim usually has to be filed within a short period after the fall, much sooner than the general deadline for an injury lawsuit. Missing it can make the claim very difficult to pursue. In a first conversation we identify every party that may be responsible, from the adjacent owner and any commercial tenant to the City or a utility, and check the notice requirements that apply to each. We also review your medical treatment and the photographs to see whether the defect and the injury support a claim worth bringing.
