New York City paid $53.5 million to settle sidewalk injury claims in fiscal year 2023 [1]. That figure counts only claims filed against the City. Sidewalk claims were still among the five costliest types of personal injury settlements the City paid that year [1]. Under city law, the owner of the building next to a sidewalk is usually the party responsible for it [2].
That rule surprises a lot of people who fall in Manhattan. This guide explains who is responsible for a fall on a sidewalk or inside a building. It also covers the deadlines, which can be as short as 90 days.
Who Is Responsible, by Location
| Where You Fell | Who Is Usually Responsible | Key Rule |
| Sidewalk next to a commercial or apartment building | The owner of the abutting property | NYC Administrative Code §7-210 |
| Sidewalk next to an owner-occupied one-, two-, or three-family home used only as a residence | The City of New York | §7-210 exemption |
| Snow or ice on a sidewalk | The owner or whoever is in charge of the abutting building | §7-210 and City snow removal rules |
| Common areas inside a building, such as stairs and lobbies | The building owner or landlord | Duty to keep property reasonably safe |
Sources: NYC Administrative Code §7-210 [2]; NYC Department of Sanitation [3]; New York Supreme Court (2008) [4].
Section 7-210 makes the owner of the abutting property liable for failing to keep the sidewalk reasonably safe [2]. That duty covers repairing broken sidewalk flags and clearing snow and ice [2]. The City keeps responsibility for sidewalks next to small owner-occupied homes used only as residences [2].
Inside a building, the owner has a duty to keep the property reasonably safe [4]. A worn stair tread or a wet lobby floor left for hours can support a claim. Businesses can also be responsible for what they put on the sidewalk. In one case, a restaurant owner laid wet floor mats across the sidewalk next to the restaurant, and a passerby slipped on them. The fall led to a $300,000 ecovery, with Eric Richman representing the injured man.
Snow and Ice
The City sets deadlines for clearing snow from the sidewalk in front of every building [3].
| When the Snow Stops Falling | Deadline to Clear the Sidewalk |
| 7:00 a.m. to 4:49 p.m. | Within 4 hours |
| 5:00 p.m. to 8:59 p.m. | Within 14 hours |
| 9:00 p.m. to 6:59 a.m. | By 11:00 a.m. |
Source: NYC Department of Sanitation, Snow Removal: Your Responsibilities [3].
Timing is often the whole case. A New York City landlord left the sidewalk in front of the building unshoveled long after the last storm ended. Eric Richman showed the landlord had more than enough time to clear it, and his client received $450,000.
Small Defects Can Still Count
Property owners often argue a defect was too small to matter. In Hutchinson v. Sheridan Hill House Corp., the Court of Appeals confirmed there is no minimum size a defect must reach [5]. Courts have to weigh all the circumstances of the fall [5].
| Factor | Why It Matters |
| A jagged edge | Makes a small height difference more likely to catch a foot |
| A rough or irregular surface | Makes the defect harder to cross safely |
| Poor lighting | Makes the defect harder to see |
| A busy walkway or building entrance | People there are naturally looking elsewhere |
Source: Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 (2015) [5].
Stairs raise the same question. Outside one Midtown Manhattan building, the anti-slip strips on an outdoor staircase had been worn down for years. A client of Eric Richman’s slipped on those steps, and the case settled for $325,000.
Filing Deadlines
| Who You’re Suing | Deadline | Source |
| Private owner or business | 3 years from the fall | CPLR 214 |
| City of New York | Notice of claim within 90 days of the fall | General Municipal Law §50-e |
Sources: CPLR 214 [6]; General Municipal Law §50-e [7].
The 90-day notice applies when a City-owned sidewalk or property is involved [7]. It often takes a site visit and property records to learn which party owns the sidewalk where you fell.
What to Do After a Fall
Photograph the spot before anyone repairs it. Include something in the frame, like a shoe or a coin, to show the defect’s size. Report the fall to the building’s management or the store and ask for a copy of the incident report.
Get medical care right away, even if the injury seems minor. Keep the shoes you were wearing, since the defense may argue footwear caused the fall.
A sidewalk case and a fall inside a building follow different rules. People comparing Manhattan slip and fall attorneys should ask how the firm documents a defect before it disappears. Settlement values vary widely by injury, and New York settlement data shows how much the type of case affects the range.
Eric Richman handles each slip and fall case personally. Clients reach him on his cell phone, and Spanish-speaking clients have in-house interpreter support.
If you were hurt in a fall on a Manhattan sidewalk or in a building and need legal guidance or would like to discuss your case, contact Eric Richman at (212) 688-3965 for a free consultation.
Frequently Asked Questions
Who is responsible if I trip on a broken sidewalk in Manhattan?
Usually the owner of the building next to the sidewalk, under NYC Administrative Code §7-210. The City keeps responsibility for sidewalks next to owner-occupied one-, two- and three-family homes used only as residences.
Can I sue if I slipped on snow or ice on a sidewalk?
Yes, if the owner or whoever is in charge of the building didn’t clear it by the City’s deadline. Owners generally have four hours after daytime snow stops, and until 11 a.m. if it stops overnight.
How long do I have to file a slip and fall claim in New York?
Against a private owner, the deadline is generally three years under CPLR 214. Claims against the City require a notice of claim within 90 days of the fall.
Sources
1. NYC Comptroller. (2024, April). Annual claims report, fiscal year 2023. https://comptroller.nyc.gov/wp-content/uploads/documents/Annual-Claims-Report-FY2023.pdf
2. NYC Administrative Code §7-210: Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition. https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4164
3. NYC Department of Sanitation. Snow removal: Your responsibilities. https://www.nyc.gov/assets/dsny/docs/about_snow-removal-responsibilities_0815.pdf
4. New York Supreme Court. (2008). 2008 NY Slip Op 50779(U). https://www.nycourts.gov/reporter/3dseries/2008/2008_50779.htm
5. Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 (2015). https://nycourts.gov/REPORTER/3dseries/2015/2015_07578.htm
6. New York State Senate. Civil Practice Law and Rules §214. https://nysenate.gov/legislation/laws/CVP/214
7. New York State Senate. General Municipal Law §50-e: Notice of claim. https://www.nysenate.gov/legislation/laws/GMU/50-E