Who Pays for a Sidewalk Slip and Fall in NYC? Administrative Code § 7-210, Explained

What § 7-210 changed

Before September 2003, an injured pedestrian generally sued the City, which had a notoriously difficult "prior written notice" defense. Section 7-210 reversed the default. It imposes on the owner of real property abutting a sidewalk the duty to maintain that sidewalk in a reasonably safe condition, and makes the owner liable for personal injury caused by a failure to do so — including failure to remove snow, ice, dirt, or other material.

In practice, the defendant in a typical NYC sidewalk case is now the building owner, the commercial landlord, the condominium or co-op board, or the managing entity — not the City.

The exception that sends the claim back to the City

All three conditions must hold. A three-family house where the owner lives in one unit and rents the other two is exempt. The same building after the owner moves out and rents all three is not. A two-family house with a ground-floor nail salon is not exclusively residential, so § 7-210 applies.

This distinction determines which deadline governs, which is why it has to be resolved early rather than eventually. Ownership and occupancy can usually be established through ACRIS deed records, Department of Finance property tax class, and DOB and HPD registration filings.

The 90-day trap

If the exception applies and the City is the proper defendant, you must serve a Notice of Claim within 90 days under General Municipal Law § 50-e, and commence suit within one year and 90 days. Against a private owner, you generally have three years — see our guide to New York injury deadlines.

The safest approach when ownership is unclear: investigate immediately and, where there is any realistic chance the City is responsible, preserve the municipal claim while continuing to develop the case against the private owner. Ninety days disappears quickly when you are recovering from surgery.

What counts as a defect

Not every irregularity supports a claim. New York courts apply a trivial defect doctrine: a height differential too small and unremarkable to constitute a trap may be dismissed as a matter of law. There is no fixed measurement — the analysis considers width, depth, elevation, irregularity, appearance, and the time, place, and circumstances of the fall. A half-inch lip in a dim, crowded corridor can be actionable where a larger one in open daylight is not.

• Raised or sunken flags creating a distinct height differential
• Cracking, spalling, or missing sections of concrete
• Tree-root heaving that lifts adjoining flags
• Defective, protruding, or missing cellar doors, grates, and metal plates
• Improperly patched or sloped repairs that pond and refreeze
• Snow and ice left unaddressed beyond the periods allowed by Admin. Code § 16-123

Snow and ice

NYC requires abutting owners to clear snow within set windows after snowfall ends, depending on the time of day. New York also applies the storm-in-progress rule: an owner generally is not liable for failing to clear accumulation while precipitation is ongoing and for a reasonable time afterward. Certified climatological records from the National Weather Service New York office frequently determine the outcome. Where a property owner's own defective repair or drainage caused water to pond and refreeze, that is a different and stronger theory than ordinary accumulation.

Evidence, and why the first week matters

1. Photograph the defect with a reference object — a coin, a ruler, a shoe — from multiple angles including a low side view showing the height differential.
2. Capture the address and surroundings so the location can be fixed precisely later.
3. Identify witnesses and nearby businesses with exterior cameras. Most systems overwrite within 30 days; a written preservation demand should go out immediately.
4. Seek medical care the same day and describe the mechanism of the fall accurately in the record.
5. Preserve the footwear you were wearing.
6. Check for prior complaints — 311 records and DOT sidewalk violations can establish notice of the condition.

Comparative fault is not a bar

Expect the defense to argue you were distracted, hurried, or wearing inappropriate footwear. Under CPLR § 1411, New York applies pure comparative negligence: your recovery is reduced by your percentage of fault, but not eliminated. A plaintiff found 40% responsible still recovers 60% of the damages. Even a substantial share of blame does not end a claim.

Our personal injury team handles sidewalk, premises, and trip-and-fall claims throughout Queens and the rest of New York City.