In general, and subject to certain exceptions, it is the responsibility of the owner of a building immediately adjacent to the sidewalk to maintain the sidewalk in a reasonably safe condition free of defects and obstructions.
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When is the City of New York responsible to maintain a sidewalk in a reasonably safe condition?
The City of New York must properly maintain sidewalks abutting a residential property which is either a one-two- or three family residential apartment building exclusively used as a residence and is owner occupied.
I fell on a sidewalk in front of an owner occupied three family home that is used solely for residential purposes. Who can I sue?
The City of New York is responsible for the condition of the sidewalk abutting a one-two or three family owner occupied building used exclusively for residential purposes.
You can sue the City of New York but be aware that there are certain additional legal requirements which must be proven in order for the City of New York to be legally responsible for your injuries.
What requirements must be met in order to prevail in a law suit against the City of New York when the defective sidewalk is abutting a one-two or three family owner occupied private residential building?
There are several situations which would allow for legal liability to attach against the City of New York, including:
- The City of New York properly received prior written notice of the defective condition which proximately caused the person to fall.
- The City of New York caused or created the defective condition which proximately caused the fall.
- The City of New York utilized the sidewalk for a “special use”.
There are special pleading requirements when suing the City of New York and the need to file a Notice of Claim within 90 days of the accrual of the claim.
I fell because of a defective sidewalk in front of a two-family residence which is owner occupied. The house has a store on the ground floor used by a business. Who is legally responsible for the negligent condition?
A residential building that has a commercial enterprise such as a store operating within the structure is considered a mixed-use building. In such a case, the suit should be brought against the owner of the building who is responsible for the proper maintenance of the abutting sidewalk.
I live in an apartment building which has 60 separate apartments. I fell on a sidewalk defect in front of the building which was caused by the roots of a tree which lifted the sidewalk flag leaving the sidewalk uneven. Who is legally responsible for this defect which caused me to fall?
The owner of the abutting building to the defective sidewalk is responsible for the adequate maintenance of the sidewalk adjacent to the building. The fact that the defect was caused by a tree does not alter that result.
The City of New York removed a fire hydrant leaving a hole in the sidewalk in front of my apartment building (the building contains more than three (3) apartments). Someone was injured when they stepped into the open hole. Who should be sued for this defect, the property owner or the City of New York.
The City of New York is the proper defendant as The City of New York is legally responsible to care for that described defect.
The City of New York has the sole responsibility to maintain fire hydrants as well as the hydrant locations within the City of New York. If the City of New York removes a hydrant, they remain legally responsible to maintain the location of the hydrant as well as retaining the legal responsibility not to negligently remove the hydrant and thereby cause and create a dangerous condition to exist.
I was injured when I tripped on a tree root in a tree-well which I did not see and which had giant roots protruding upward within the tree well. Who is legally responsible for this defective condition?
The City of New York is responsible for the proper maintenance of tree wells within the City of New York.
Property owners are not liable for injuries that occur in City-owned tree wells and have no legal responsibility to maintain them.
Does an owner occupied three family condominium qualify for the statutory exemption from liability for defects on the abutting sidewalk?
The owners of a three-family owner occupied condominium are entitled to the statutory exemption from liability and therefore the proper defendant and the party with legal responsibility would be the City of New York if someone falls on the abutting sidewalk.
If the abutting property owner negligently repairs a tree well area within the City of New York, do they then become legally responsible to someone for injuries caused by such repairs?
Yes.
If an abutting property owner negligently repairs a tree well within the City of New York, the property owner becomes liable for his or her own acts and omissions.