NYC Sidewalk Defects That Commonly Cause Injuries

I have encountered countless cases where simple strolls on New York City sidewalks have turned disastrous due to poor maintenance.

Read: Can I Sue for a Sidewalk Slip and Fall Injuries in New York

The bustling streets of NYC are paved with hazards, often hidden in plain sight. Property owners have a legal duty to maintain their sidewalks, but unfortunately, not all comply.

This neglect can lead to serious injuries, and understanding these common defects can help you navigate the sidewalks more safely and know your rights should you suffer an injury.

Understanding New York Sidewalk Defects and Their Dangers

1. Cracks and Fractures

Cracks in the sidewalk might seem minor, but they can be perilous. These imperfections often result from thermal expansion and contraction, and if water infiltrates these cracks, freezes, and thaws, the damage can worsen over time, creating significant trip hazards.

Real Examples of Sidewalk Injury Claims We’ve Resolved

In one notable case, we secured a $1.5 million settlement for a client who slipped and fell on a poorly shoveled sidewalk outside a commercial building, suffering severe leg injuries that required surgery. The property owner’s lack of maintenance and disregard for known hazardous conditions underscored their liability.

Another case involved a 72-year-old Brooklyn resident who tripped over a broken sidewalk, necessitating a knee replacement. Despite the property owner disputing the cause, we achieved a $225,000 settlement, recognizing the undeniable link between the fall and her injuries.

2. Uneven Surfaces

Uneven surfaces are commonly caused by poor installation or natural shifts in the ground beneath the pavement. Tree roots are particularly notorious for causing uplifts in sidewalk panels, creating uneven surfaces that are easy to trip over.

3. Potholes and Depressions

Potholes are typically formed by the wear and tear of weather and can be deep enough to cause a person to trip and fall. Depressions, on the other hand, may occur due to the settling of the soil underneath the sidewalk or from previous incomplete repair jobs.

4. Surface Erosion and Wear

Constant pedestrian traffic and weather conditions wear down the sidewalk surface over time. This erosion can make sidewalks slippery, especially when wet or icy, increasing the likelihood of falls.

5. Damage from Tree Roots

Tree roots can grow under sidewalks and lift entire sections of pavement, creating uneven and unsafe walking conditions. This type of damage is prevalent in older neighborhoods with large trees.

6. Ice and Snow Accumulation

Winter in New York City transforms sidewalks into treacherous paths. Ice and snow can accumulate rapidly, creating slick surfaces that pose serious slip-and-fall risks. Property owners are responsible for promptly clearing these wintry hazards and ensuring pedestrian safety.

Understanding NYC Sidewalk Laws: Property Owner Liabilities Explained

Under New York City Administrative Code § 7-210, property owners are explicitly liable for injuries caused by their failure to maintain sidewalks in a reasonably safe condition. This includes the responsibility to repair and maintain the sidewalk, ensuring it is free from hazardous conditions that could lead to injury.

Proactive Steps to Avoid Sidewalk Hazards: Tips for Property Owners and Pedestrians

For Property Owners

Regular inspections and timely repairs of sidewalks can not only prevent injuries but also protect property owners from potential lawsuits. Proactive measures include filling cracks, evening out surfaces, and carefully managing tree roots.

For Pedestrians

Always be aware of your walking path. Avoid texting while walking and wear appropriate footwear, especially in bad weather. If you encounter a hazardous sidewalk condition, report it to the city or directly to the property owner if known.

Take Action: Protecting Your Rights and Ensuring Safe Sidewalks in NYC

Walking in New York City shouldn’t be a high-risk activity. As residents and visitors, you have the right to expect safe passage on public sidewalks. If you or someone you know has been injured due to a sidewalk defect, it’s important to seek legal counsel promptly to ensure your rights are protected, and you are compensated for your injuries.

At Ferrante & Koenig, we are committed to fighting for those injured due to the negligence of others.

Contact us for a free consultation, and let us help you focus on healing while we handle the legal burden.