Sidewalk Accidents

A primary concern for pedestrians is the risk of slips, trips, and falls. There were 479,480 reported cases involving falls, slips, and trips requiring days away from work from 2023 to 2024 according to the U.S. Bureau of Labor Statistics. ⁽¹⁾

New York City Sidewalks

Because of the risks to the public, every city is concerned about the upkeep of its sidewalks, including New York City (NYC).

Claims against NYC for slips, trips, and falls accidents come under tort claims. An annual claims report indicates 78% of 2023 tort claims were for personal injury claims. Settlements and judgments totaled $739.6 million, according to the Office of the Comptroller for NYC. The report explains these settlements of tort claims “cost each City resident approximately $89.56 in FY 2023.” ⁽²⁾

Causes of Sidewalk Accidents

It is clear why NYC sidewalks are of concern. Even more important is knowing why accidents occur.

Some of the primary reasons slip, trip, and fall accidents occur on NYC sidewalks include: ⁽³⁾

• Obstructed view — An unexpected obstacle or impediment in the path of pedestrians, “reduces the available pedestrian space, forcing pedestrians to navigate narrow or disrupted pathways and thereby compromising the overall quality of walking.” Pedestrian injuries from slips, trips, and falls can happen while navigating these obstructed walkways, especially if the walkways are near construction sites. ⁽⁴⁾
• Oily surfaces — “Public sidewalks often become slippery after rains or in shaded areas where moisture lingers. Cracks and uneven sections can worsen the danger.” ⁽⁵⁾ Additionally, oily surfaces are not always visible; they do not all have a rainbow sheen about them. ⁽⁶⁾ Footwear also can lead to fall injuries on oily surfaces. ⁽⁷⁾ Oily surfaces require shoes with anti-slip properties. This includes soles that firmly grip the ground, use tunnels to channel oil away, and have circular grips to prevent hydroplaning. ⁽⁸⁾
• Poor lighting — Low light, broken lights, and darkness can lead to falls. Improper lighting can also create glare. Worse yet, poor lighting may make objects, surfaces, or other obstructions invisible, and affect depth perception. ⁽⁹⁾ Glare from streetlights can cause discomfort and be disabling for pedestrians, cautions a U.S. Department of Transportation (DOT) report. ⁽¹⁰⁾
• Snow or ice — During winter months there are “13.1 emergency department visits for falls on snow or ice per 10,000 emergency department visits,” according to one research group “with 3x higher rates happening in states with freezing temperatures during the winters compared to states with milder winters.” ⁽¹¹⁾ Ice may be there, even if you can’t see it. It could be hiding under the snow. Falling icicles and snow are an overhead hazard. ⁽¹²⁾
• Uneven pavement — “Uneven surfaces, slippery surfaces, and walkways changing in level can cause trips and falls,” observes The American National Standards Institute. ⁽¹³⁾ Hazards include broken, uneven, or cracked concrete and obstructions or restrictions of vision. Holes, loose or poorly filled grates over pits, and protruding nails or loose boards, create uneven walking surfaces. ⁽¹⁴⁾

Regardless of the cause of your sidewalk accident, you can be badly hurt.

Injuries Suffered from Sidewalk Accidents

Sidewalk accidents can result in minor to severe injuries, even death. Some of those injuries include:

• Head or traumatic brain injury — Falls can lead to traumatic brain injuries (TBI). ⁽¹⁵⁾ There were almost 69,000 TBI-related deaths in the U.S. in 2023. That’s about 190 TBI-related deaths every day, reports the Centers for Disease Control and Prevention (CDC). ⁽¹⁶⁾
• Back injuries — Among the most damaging back injuries resulting from falls are spinal cord injuries (SCI). Between 2015 and 2025, “Falls account for 2,673 (33.07%) of traumatic spinal cord injuries and rank second in cause of injury,” says the National Spinal Cord Injury Statistical Center (NSCISC). NSCISC explains, 8.34% of those injuries were from falls on the same level. ⁽¹⁷⁾
• Hip injuries — “Falls are the leading cause of injury-related deaths in Americans 65+,” reports one community statistical hub. It goes on to say, “Hip fractures kill up to one-third of patients within a year.” ⁽¹⁸⁾
• Broken or sprained ankles — Uneven surfaces contribute greatly to ankle injuries. ⁽¹⁹⁾ And, first time lateral ankle sprains can lead to chronic ankle problems in up to 40% of people. ⁽²⁰⁾ Additionally, “fractures represent about 15% of all ankle injuries treated in emergency departments,” says one nursing guide. ⁽²¹⁾
• Wrist and elbow injuries — Bruising, cellulitis (a bacterial infection), ligament injury, fractures, and shoulder or elbow dislocation can all result from falling on an outstretched hand. Recovery can take weeks to months. ^{(22) (23)}
• Knee injuries — When you fall, “your knees can take the brunt of the impact.” Knee injuries can include a dislocated or broken kneecap, sprains, meniscus tears, and torn ligaments. ⁽²⁴⁾
• Pulled muscles — Pulled muscles are strained muscles. This injury affects the muscle tissue or the band of tissue attaching the muscle to the bone called the tendon. “You can pull any muscle. But you’re most likely to pull muscles in your lower back, neck, hips, or legs,” says one medical center. ⁽²⁵⁾
• Cuts and bruises — Cuts are wounds to the skin inflicted by force, such as by falling. Size, depth, location, and cause of the cuts determine if medical attention is required. ⁽²⁶⁾

Who Is Liable for a Sidewalk Accident?

If you have suffered a severe injury from a sidewalk accident, you want to determine who may be liable for your injuries. Often, NYC may not be liable for sidewalk accident injuries. ⁽²⁷⁾

In NYC, the property owners are responsible for maintaining safe sidewalks. Two sections of the New York City Administrative Code (Sections 19-152 and 7-210) apply to property owners regarding sidewalks adjoining their property. ⁽²⁸⁾

Determining who owns the sidewalk is key to your case. These are some possible property owners.

Businesses

Companies who do business in the city, and have a real property, are responsible for sidewalks adjoining their property. ⁽²⁹⁾

A business is also responsible for sidewalk areas near, but not abutting, the property. For example, a business owning a corner property or lot is responsible for the corner sidewalk. It is also responsible for the intersection quadrants adjacent to its property. ⁽³⁰⁾

Homeowner Associations (HOAs)

In NYC, owners of real property adjoining a sidewalk — including co-op and condo boards, but excluding owners of one-, two-, and three-family homes — are responsible for maintaining the sidewalk. ^{(31) (32)}

Cooperatives and condominiums boards bear ultimate responsibility for the sidewalk maintenance while, “Every unit owner contributes equally to shared repairs. …through the building’s maintenance fees or a one-time assessment,” notes one sidewalk repair company. ⁽³³⁾

Homeowners

NYC property owners must maintain the sidewalk and vacant lots adjacent to their property. This including the fencing or repairs of sinkage on those lots. ⁽³⁴⁾

You can hold a homeowner responsible if you were seriously injured on the sidewalk in front of their home. You may also hold them liable if you were hurt on a lot adjacent to their home. This is especially true if the lot was unfenced or had areas where there was sinkage. ⁽³⁵⁾

Municipalities

NYC repairs sidewalks on City-owned property and in limited residential neighborhoods. ⁽³⁶⁾

For instance, you may be able to hold NYC accountable for your injuries if you fall on a sidewalk in front of a government building or a City-owned park. However, if you fall on a sidewalk in a residential neighborhood, NYC may not be responsible. ⁽³⁷⁾ 

Ways to Protect Your Rights After a Sidewalk Accident

After a serious injury from a sidewalk accident, you want to protect your legal rights.

As with any accident, there are immediate steps you should take.

• Seek medical attention as soon as possible. Your attorney can use medical records, bills, and receipts as documentation for your legal claims.
• Take pictures. Photograph the accident scene, clothing you are wearing, and your injuries. Pictures provide vital support for your claims.
• Get the names and contact information of witnesses. If possible, obtain witness statements.
• File a police report.

Filing a Lawsuit

You should reach out to an attorney as quickly as possible after any sidewalk accident during which you are injured. Accident cases often have time limits for filing a lawsuit.

These time limits differ by state and municipality. In NYC, there are special requirements placed on filing a personal injury lawsuit when one of the parties involved is a municipality.

There are many other legal requirements you need to meet for your lawsuit to have the best chances of success. An experienced attorney can assist you through this process.

How W&L Can Help

If your case goes to court, the outcome is typically a verdict for one side or the other. However, many cases are settled out of court.

Either way, Weitz & Luxenberg personal injury attorneys are proud to help our clients achieve the best possible outcomes for your cases.

Some of our successful cases include:

• Substantial settlement in challenging traumatic brain injury case. An apartment building owner was in violation of NYC’s Administrative Code and state law.
• Major six figure settlement reached in brain damage case. During a flight, a suitcase fell from an overhead bin on an airplane, striking a passenger in the head.
• $10 million awarded for loss of sight. It was due to an inadequate bungee cord in a negligently designed brake system.
  

Updated June 2026