Attorney Advertising
Slip and Fall Lawyer in Queens, NY
Most people who fall on a NYC sidewalk think the City is responsible. In most cases, it isn't. The property owner whose building abuts the sidewalk is, under NYC Administrative Code §7-210. And if the hazard was a raised utility grate, the utility is. Identifying the right defendant in the first 30 days is what makes or breaks a slip and fall case. I've handled these from my Forest Hills office for 22 years, including a $145,000 settlement against the utility company for a Madison Avenue grate and a $190,000 settlement against the same defendant the year before. Prior results do not guarantee a similar outcome. Call 718-261-0546.
Who is responsible? It depends on where you fell.
NYC sidewalks: the §7-210 rule
Under NYC Administrative Code §7-210, the owner of property abutting a public sidewalk is responsible for keeping that sidewalk in reasonably safe condition. If a defect on the sidewalk caused your fall, the property owner, not the City of New York, is the liable party in most cases. The exceptions: one- and two-family owner-occupied residential properties remain under the City's responsibility. The City can also be on the hook for tree-pit defects, certain hardware (manhole covers, hydrants), and locations where it had specific prior written notice of a defect under Pothole Law §7-201(c). Section 7-210 was amended in 2003 to shift the duty and the financial liability from the City to building owners. That shift is still misunderstood by most New Yorkers, and most insurance adjusters count on it.
Government property: the 90-day Notice of Claim
If you fell in a NYC park, on NYCHA property, in a public school, on a city-owned subway platform, or on any other government-controlled location, General Municipal Law §50-e requires you to file a Notice of Claim within 90 days of the accident. Miss that deadline and the case is over, even if you're well within the 3-year SOL. Exceptions are narrow. The lawsuit itself must be filed within 1 year and 90 days. NYC Parks, NYCHA, NYC DOE, MTA, Port Authority, and NY State property each carry their own procedural quirks.
Utility-owned grates and covers
the utility company, NYC Water, Verizon, and other utilities own and maintain the metal grates and covers embedded in city sidewalks. When a grate sits proud of the surrounding concrete in a way that creates a foreseeable tripping hazard, the utility, not the property owner and not the City, can be held liable. Identifying which utility owns the specific cover requires reviewing the markings stamped into the metal. Photograph the markings near the scene before you leave.
Snow and ice
NYC §16-123 requires property owners to clear sidewalks within 4 hours of snowfall ending during specified daytime hours. The "storm in progress" doctrine limits liability while a storm is still active.
What we have to prove
To win a slip and fall case in New York, we have to show four things: (1) a dangerous condition existed on the property; (2) the owner created the condition or had actual notice (knew) or constructive notice (the condition existed long enough that they should have known); (3) the owner failed to fix or warn within a reasonable time; and (4) the condition was a substantial factor in causing your injuries. Notice is the most-litigated element. Photographs, witness statements, prior complaint records, maintenance logs, and surveillance footage are usually what wins. The City case is harder: NYC Pothole Law §7-201(c) requires specific prior written notice of the exact defect.
The "no surgery" defense (and why it usually fails)
Insurance carriers routinely argue that a slip and fall victim "didn't really get hurt" because no surgery was performed. The argument doesn't hold up against the medical record. Many serious injuries, pelvic fractures, hairline fractures, soft-tissue tears, head injuries, heal without surgery, sometimes because surgery isn't possible and sometimes because the patient reasonably declines it. An 84-year-old with a fractured shoulder who declined surgery because of anesthesia risk has a real injury. The standard isn't surgery; it's the documented injury, the documented limitation, the documented care plan.
The utility grate cluster
The utility company settled a Madison Avenue grate case I handled for $145,000, an elderly client who tripped on a raised cover, fractured her shoulder, and reasonably declined surgery. The year before, I settled a nearly identical utility grate case at a different Manhattan location for $190,000. Same defendant. Same class of hazard. That repeat-defendant pattern makes "we didn't know" arguments harder to keep a straight face about. Prior results do not guarantee a similar outcome. Full case study at /results/manhattan-utility-grate-145k.
What your case might be worth
Settlements range from a few thousand dollars for minor sprains to seven figures for catastrophic injuries. The NYC Comptroller reported a $15,000 median PI settlement in FY2023; serious-injury cases settle for far more. Private-property sidewalk falls are usually capped by the owner's liability insurance ($1M to $5M for a typical NYC building). Utility-grate cases against the utility have higher self-insured exposure. Government-property cases run on different procedural tracks but often involve larger reserves.
Frequently asked questions
Who is responsible if I fall on a NYC sidewalk? In most cases, the property owner whose building abuts the sidewalk, under NYC Administrative Code §7-210. The City is generally not liable for sidewalk defects in front of private property, with exceptions for one- and two-family owner-occupied homes and for City-owned hardware like manhole covers and hydrants.
Section 7-210 was amended in 2003 to shift sidewalk liability from the City to abutting owners. The City can still be on the hook for tree-pit defects, prior-written-notice defects under Pothole Law §7-201(c), and utility-owned hardware can shift liability to the utility, NYC Water, or Verizon. Identifying the right defendant in the first 30 days is what makes or breaks the case.
How long do I have to file a slip and fall claim in New York? Generally 3 years from the date of the accident under CPLR §214(5). If you fell on government property, a NYC park, school, NYCHA building, MTA station, or any city or state-owned location, you must file a Notice of Claim within 90 days under GML §50-e.
The 90-day deadline is hard. Even with a timely Notice of Claim, the lawsuit must be filed within 1 year and 90 days.
I didn't have surgery. Does that mean I don't have a case? No. Surgery is one piece of medical evidence, not the only one. Many serious injuries, fractures, soft-tissue tears, head injuries, heal without surgery. What matters is the documented injury, medical record, and lasting limitations.
The "no surgery, no damages" argument is an adjuster tactic, not a legal standard.
I fell on a raised utility grate. Does that change anything? Yes. the utility company owns and maintains the utility grates embedded in NYC sidewalks. When a grate sits proud of the concrete in a foreseeable tripping hazard, the utility company can be held liable. Prior settlements establish a pattern.
We've handled this multiple times: $145,000, Madison Avenue grate, elderly pedestrian, fractured shoulder; $190,000, prior Manhattan grate, same defendant. Prior results do not guarantee a similar outcome.
I fell during a snowstorm. Can I still sue? Possibly. New York's "storm in progress" doctrine limits liability while a storm is active. NYC §16-123 requires property owners to clear sidewalks within 4 hours of snowfall ending during specified daytime hours.
Cases turn on weather records, photographs, and the window between storm-end and the fall.
What should I do right after a slip and fall? Get medical attention. Photograph the hazard from multiple angles before anyone fixes it. Photograph your injuries. Get witnesses' names and numbers. Keep the shoes you were wearing. Do not give a recorded statement to any insurance company. Call a lawyer.
Slip and fall hazards get fixed fast. Without photographs at the time, the defense will argue the condition didn't exist. The first 24 to 72 hours often determine whether the case is provable.
Talk to Nick
Call 718-261-0546. Free consultation. No fee unless we recover. Office: 102-11 Metropolitan Ave, Forest Hills, NY 11375.
Related reading: Premises Liability | Car Accidents | Construction Accidents | Case Results
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is for general informational purposes and does not constitute legal advice. Reading this page does not create an attorney-client relationship.
Common questions.
For most commercial and residential buildings in NYC, NYC Administrative Code §7-210 makes the abutting property owner liable for sidewalk maintenance. Owners of one-, two-, or three-family owner-occupied homes are exempt, for those, the City is responsible. For everyone else (commercial, larger residential, NYCHA), the building owner bears the duty.
Three things: a defective condition existed; the owner had actual or constructive notice of the condition (knew about it or should have known); and the condition caused your injury. 'Constructive notice' usually means the defect was visible long enough that the owner should have discovered it through reasonable inspection.
Only in narrow situations: City-owned property, properties with abutting-owner exemptions, or where the City did the defective work (utility cuts, tree-root upheaval). A 90-day Notice of Claim under General Municipal Law §50-e is required before suing the City. Most NYC sidewalk cases proceed against the private abutting owner, not the City.
Three years from the date of the fall under CPLR §214(5). Against the City or a public entity, 90 days for the Notice of Claim, then within one year and 90 days for the lawsuit.
New York's 'storm-in-progress' doctrine generally protects owners while a storm is actively in progress. The duty to clear arises a reasonable time after the storm ends. NYC Admin Code §16-123 also gives commercial property owners specific timeframes to clear snow. The case turns on what the owner knew, when they knew, and what they did.
Yes. New York uses pure comparative fault under CPLR §1411, your award is reduced by your percentage of fault, but you can recover even if you were 99% at fault. There is no all-or-nothing contributory bar like some states have.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.