Who is responsible when I slip on a NYC sidewalk?

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.

What do I have to prove in a slip-and-fall case?

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.

Can I sue the City for a sidewalk fall?

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.

How long do I have to file a slip-and-fall lawsuit in New York?

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.

What if I slipped on snow or ice, when is the property owner liable?

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.

My fall was partly my own fault. Can I still recover?

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.

Slip and Fall Lawyer in Bay Ridge, Brooklyn | Nicholas Rose

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Slip and Fall Lawyer in Bay Ridge

Bay Ridge is dominated by single-family and two-family homes, with a dense commercial strip along 86th Street, Third Avenue, and Fifth Avenue. The case mix runs heavy on commercial sidewalk and storefront falls along those three avenues, single-family driveway and walkway cases, and snow-and-ice cases where the abutting owner failed to clear the public sidewalk within the four-hour rule. I represent Bay Ridge fall victims out of my Forest Hills office and file Kings County cases at 360 Adams Street. Call 718-261-0546.

Where Bay Ridge slip-and-fall cases happen

The 86th Street commercial corridor between Fort Hamilton Parkway and Shore Road is the first concentration. Wide commercial sidewalks fronting decades-old storefronts (many family-owned, many with original concrete that has not been redone), wet entryways at the restaurants, polished tile floors inside the newer retail build-outs, and step-down entries that have not been marked. NYC Administrative Code §7-210 puts the public-sidewalk responsibility on the abutting storefront owner, and the inside of the premises runs on common-law rules.

The Third Avenue bar-and-restaurant strip between 79th and 95th Streets is the second cluster. Inside falls in the restaurants and bars: wet floors, basement-stair access doors left unsecured, food and grease spills that the staff failed to clean within a reasonable time. Sidewalk falls outside the same storefronts add the §7-210 exposure. The Fifth Avenue corridor runs a quieter commercial mix and produces fewer cases, but the same patterns apply.

The single-family and two-family housing stock that defines the rest of the neighborhood is the third source, and it has a different legal posture. Under §7-210, owner-occupied one- and two-family residences are excepted from the abutting-owner sidewalk rule, and the City retains responsibility for the public sidewalk in front. That distinction matters in Bay Ridge because most of the residential streets in the 70s and 80s are owner-occupied two-family homes. Sidewalk falls on those streets often run against the City of New York, not the homeowner, which means a Notice of Claim under General Municipal Law §50-e within 90 days of the fall. Falls on the homeowner's private walkway or driveway (everything from the property line to the front door) are common-law premises cases against the homeowner.

NYCHA falls at Marlboro Houses (further south at Avenue X) are out of the neighborhood; Bay Ridge does not have significant NYCHA stock. MTA falls at the R stations (95 St, 86 St, 77 St, Bay Ridge Av) and Belt Parkway sidewalk and ramp falls run on the 90-day Notice clock under §50-e. Snow and ice cases run under NYC §16-123 four-hour clearance rule, with the carve-out for snow that falls between 9 pm and 7 am.

NYC sidewalk law and §7-210

NYC Administrative Code §7-210 makes the owner of property abutting the public sidewalk responsible for keeping it in reasonably safe condition. Bay Ridge has a significant share of owner-occupied one- and two-family residences, which are excepted: the City keeps liability for the public sidewalk in front. On the commercial corridors along 86th Street, Third Avenue, and Fifth Avenue, the abutting commercial owner is on the hook under §7-210. The City is generally not the right defendant on commercial-corridor cases.

The owner-occupied carve-out is the most common factual question in Bay Ridge intake. If a sidewalk fall happened in front of a single-family or two-family home with the owner living in it, the case is against the City and the 90-day Notice of Claim applies. If the fall happened in front of a three-family or larger building, or a commercial property, the abutting owner is the defendant under §7-210 and the standard three-year statute applies.

For falls on MTA property at the R stations, on Belt Parkway sidewalks and ramps, at Owl's Head Park or Shore Road Park (NYC Parks), or on any other City-owned land, GML §50-e requires a Notice of Claim within 90 days. The lawsuit has to be filed within one year and 90 days.

What to do after a slip-and-fall in Bay Ridge

Get medical attention. NYU Langone Hospital-Brooklyn at 150 55th Street (in adjacent Sunset Park) is the closest full-service ER for most Bay Ridge falls. NewYork-Presbyterian Brooklyn Methodist at 506 6th Street is the level-one trauma center for serious injuries. Maimonides Medical Center on Tenth Avenue is an alternative for the eastern part of the neighborhood.
Photograph the defect, the wet floor, the storefront entry, or the homeowner's walkway from multiple angles. Photograph the weather conditions if ice is involved. Save your shoes.
Determine ownership. For sidewalk cases, the §7-210 carve-out for owner-occupied one- and two-family residences makes ownership the first legal question. ACRIS shows the deed. If the property is a single-family or owner-occupied two-family, the case is against the City and the 90-day clock is running.
Get witness contact information. Neighbors, the storefront staff if the fall was on the commercial corridor, the doorman if the fall was at one of the apartment buildings on Shore Road.
Report the fall to the homeowner, building owner, or storefront manager. Ask for the incident report.
If the fall happened on NYC property (MTA, Parks, owner-occupied 1-2 family sidewalk), the 90-day Notice of Claim clock is already running.

Cases I take

Commercial sidewalk falls on 86th Street, Third Avenue, and Fifth Avenue
Restaurant and bar inside falls on the Third Avenue strip
Storefront and retail inside falls along 86th Street
Single-family and two-family driveway and walkway falls
Sidewalk falls in front of owner-occupied 1-2 family homes (City defendant, 90-day Notice)
Apartment-building lobby and stairwell falls on Shore Road
Snow and ice clearance failures (§16-123 four-hour rule)
MTA falls at the R stations (95 St, 86 St, 77 St, Bay Ridge Av) (90-day Notice)
Belt Parkway sidewalk and ramp falls (90-day Notice)
Shore Road Park and Owl's Head Park falls (90-day Notice)

Talk to Nick

Call 718-261-0546. Free consultation. Office: 102-11 Metropolitan Ave, Forest Hills, NY 11375. Spanish-language intake available.

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Slip accident lawyer in Bay Ridge