Brooklyn Sidewalk Fall: Filing Under NYC § 7-210 & the 90-Day Notice Rule

Slipping or tripping on a broken, uneven, or icy sidewalk in Brooklyn can lead to serious injuries, from fractured bones to head trauma. Many victims are surprised to learn that in New York City, property owners, not the city itself, are usually responsible for keeping sidewalks safe under NYC Administrative Code § 7-210. This law places the duty of maintenance squarely on the property owner, and if they fail to repair dangerous conditions, they can be held liable for resulting injuries. However, pursuing compensation after a sidewalk fall requires quick action and a strong understanding of the city’s notice requirements.

If you were injured in a Brooklyn sidewalk fall, it is critical to speak with an experienced Brooklyn slip and fall accident lawyer as soon as possible. You have only 90 days to file a Notice of Claim when municipal property is involved, and missing this deadline can jeopardize your right to compensation. The skilled attorneys at Kucher Law Group can help you handle the legal process, gather the evidence you need, and file your claim on time. Call (929) 563-6780 today for a free consultation and learn how Kucher Law Group can protect your rights after a Brooklyn sidewalk accident.

Who is Liable for Your Injury? NYC Administrative Code § 7-210

The first and most critical step in any sidewalk injury case is determining who is legally responsible for maintaining the section of sidewalk where the fall occurred. In New York City, this is not always straightforward. Liability hinges on a specific local law, New York City Administrative Code § 7-210, which redefined how sidewalk maintenance and injury responsibility are assigned. 

The General Rule: Shifting Responsibility to Property Owners

Most sidewalk fall cases in Brooklyn and across New York City are under NYC Administrative Code § 7-210, commonly known as the Sidewalk Law. Enacted in 2003, this statute shifted the burden of maintaining safe sidewalks from the City to most adjacent property owners. Under this law, owners have an affirmative duty to keep sidewalks in a “reasonably safe condition”. This standard includes repairing broken or uneven slabs and removing snow, ice, or debris.

Courts have identified several common sidewalk defects that can create liability for an owner, including:

• Height differences between sidewalk flags of ½ inch or more
• Loose, rocking, or missing concrete flags
• Significant cracks or holes that pose tripping hazards
• Improper slopes that affect footing or drainage

If a property owner neglects these duties and a pedestrian is injured as a result, the owner can be held liable for damages, including medical costs, lost wages, and pain and suffering.

A Landlord’s Duty Is Non-Delegable

A frequent issue in Brooklyn, where many properties are rented or managed by third parties, is whether a landlord can delegate sidewalk maintenance to a tenant. The New York Court of Appeals settled this question in Xiang Fu He v. Troon Management, Inc. (2019). The court ruled that the duty created by § 7-210 is non-delegable, meaning a landlord cannot transfer legal responsibility to a tenant or management company.

Even if a lease states that the tenant must handle snow removal or sidewalk repairs, the property owner remains legally responsible to the public. The court emphasized that § 7-210 was designed to place responsibility on those “in the best position to maintain sidewalks safely and insure against loss.” In practice, this means an injured pedestrian’s claim is typically brought against the property owner, even if a tenant failed to maintain the sidewalk.

When the City of New York Is Still Responsible

Although § 7-210 generally makes private property owners responsible, there is a key exception for certain residential properties. The City retains liability for sidewalks adjacent to one-, two-, or three-family homes that are (i) owner-occupied, and (ii) used exclusively for residential purposes.

If a sidewalk fall occurs in front of such a property, the claim must be filed against the City of New York, not the homeowner. This distinction is crucial because it triggers an entirely different set of procedural rules, most notably the 90-day Notice of Claim requirement under the General Municipal Law.

A few nuances often determine whether this exception applies:

• If a homeowner rents out all units and lives elsewhere, the property is not owner-occupied, so the owner, not the City, is liable.
• If any portion of the building is used for commercial purposes (such as a storefront or office), the property is not exclusively residential, and the owner retains liability.

Failing to identify the correct defendant at the outset can lead to a case being dismissed after valuable time has been lost.

What Counts as a “Sidewalk”?

Under § 7-210, the property owner’s duty extends only to the sidewalk itself. Certain adjacent features fall outside this definition and remain the City’s responsibility. The Court of Appeals clarified this in Vucetovic v. Epsom Downs, Inc., holding that tree wells (the areas where street trees are planted) are not part of the sidewalk for purposes of the statute.

Following that reasoning, other features that remain under City control include:

1. Curbs
2. Pedestrian ramps at crosswalks
3. Tree wells and grates

If a person trips on a broken curb or a defect within a tree well, liability rests with the City of New York, not the adjacent property owner. This makes the precise location of the fall an essential factor in determining who should be sued.

When a Neighbor Is to Blame

Liability under § 7-210 can sometimes extend beyond the immediate property owner. In Sangaray v. West River Associates, the Court of Appeals held that a neighboring property owner can share responsibility if their failure to maintain their portion of the sidewalk contributed to the hazard that caused the injury.

In that case, the defect spanned a property line and originated partly from the neighbor’s sunken sidewalk flag. The Court ruled that liability can attach to any property owner whose negligence was a proximate cause of the accident, even if the defect technically lies in front of another property.

This principle prevents owners from avoiding responsibility simply because the dangerous condition straddles property boundaries. A proper legal investigation must therefore include a survey of the surrounding sidewalk sections to identify all potentially liable parties.

Brooklyn Slip and Fall Accident Lawyers – Kucher Law Group

The 90-Day Notice Rule and Statutes of Limitations

It’s important to consider that the nature of the defendant, whether it is a private property owner or the City of New York, can impose a different set of rules and deadlines to your claim. Following the wrong procedures or missing a key deadline can destroy an otherwise valid case. This is especially important when the claim involves city-owned property, where the time limits are much shorter and strictly enforced.

Filing a Claim Against the City and the 90-Day Notice of Claim Rule

If the investigation shows that the City of New York is the responsible party, such as when the accident occurred in front of an exempt one- to three-family home or was caused by a defective curb, the injured person must complete a mandatory step before filing a lawsuit. This requirement is governed by New York General Municipal Law § 50-e.

• What it is: A Notice of Claim is a formal, sworn written statement that notifies a government entity of an accident and the intent to seek damages. It is not a lawsuit, but a legally required step that gives the City time to investigate the incident before litigation begins.
• The deadline: The Notice of Claim must be filed within 90 days from the date of the accident. This period is strict and non-negotiable. Missing it almost always results in losing the right to sue the City, regardless of how strong the case may be.
• What to include: The Notice must include specific details, such as:
  • The claimant’s name and address
  • The attorney’s name and address (if applicable)
  • The exact time, place, and manner in which the accident occurred
  • A general description of the injuries and damages
• Where to file: For claims against the City of New York, the Notice of Claim must be served on the NYC Comptroller’s Office. Your attorney can assist in drafting and filing the claim to avoid potential issues down the line.

Failing to file within 90 days almost always results in a permanent loss of the right to sue. Courts rarely grant extensions and will only do so in exceptional situations, such as when the injured person is a minor or was physically incapacitated for the entire 90-day period.

Comparing the Statutes of Limitations

The statute of limitations is the absolute final deadline for filing a lawsuit in court. These limits differ depending on who the defendant is.

• When suing a private property owner: For a personal injury claim against an individual, business, or corporation, the lawsuit must be filed within three years of the accident date.
• When suing the City of New York: For claims against the City or another municipal agency, the filing period is shorter. The lawsuit must be filed within one year and 90 days from the date of the accident.

The difference between these timelines is significant. Many injured people mistakenly believe they have three years to file, only to later discover their claim involved City property. By then, both the 90-day Notice of Claim and the one-year-and-90-day filing window may have expired. Identifying the correct defendant immediately after a sidewalk accident is essential to protecting your right to compensation.

Advanced Considerations in a Brooklyn Sidewalk Claim

Beyond identifying the defendant and meeting the correct deadlines, a successful sidewalk injury case requires a nuanced understanding of other legal doctrines that can create or shift liability, as well as a mastery of the evidence needed to prove a claim.

The “Special Use” Doctrine: Another Exception to the Rules

The “special use” or “special benefit” doctrine is a long-standing legal principle that can impose liability on a property owner who might otherwise be exempt under the general rules. This doctrine applies when a property owner installs or maintains an object on or in a public sidewalk for their own exclusive benefit, separate from the public’s general use of the sidewalk.

This interaction creates a complex, three-tiered structure of liability. The general rule makes most property owners liable. The primary exception to that rule shifts liability back to the City for certain one- to three-family, owner-occupied homes. The “special use” doctrine then acts as a counter-exception, pulling that otherwise-exempt homeowner back into liability for any defect specifically related to their special use.

Common examples of a special use include:

• A driveway or curb cut installed for the exclusive benefit of the homeowner to access their property.
• A cellar door, vault, or utility grate embedded in the sidewalk to provide access or service to the adjacent building.
• An outdoor café that places tables and chairs on the sidewalk for its patrons.

If an injury is caused by a defect related to this special use, such as a broken piece of the driveway apron or a raised cellar door, the property owner who derives the benefit is liable for the hazard, even if the City is responsible for the rest of the sidewalk in front of their home. This means a single accident could potentially involve two different defendants under two different legal theories, each with its own notice requirements and standards of proof.

What You Must Prove: Building a Winning Sidewalk Injury Case

Regardless of who the defendant is, the injured party (the plaintiff) bears the burden of proving their case. This requires establishing several key elements and meeting specific standards of proof that differ significantly between claims against private owners and claims against the City.

To prove negligence in any sidewalk fall case, a plaintiff must establish four elements:

• Duty: The defendant had a legal duty to maintain the sidewalk in a reasonably safe condition.
• Breach: The defendant breached that duty by allowing a hazardous condition to exist.
• Causation: The defendant’s breach of duty was the direct and proximate cause of the plaintiff’s fall and injuries.
• Damages: The plaintiff suffered actual harm, such as physical injuries, medical expenses, and lost income.

A critical part of proving a breach of duty is establishing that the defendant had notice of the dangerous condition. This is where the strategic path diverges dramatically.

Element to Prove	What to Demonstrate	Relevant NY Law / Rule
Duty	The defendant had a legal duty to maintain the sidewalk in a reasonably safe condition.	NYC Administrative Code §7-210
Breach	The defendant breached that duty by allowing a hazardous condition to exist.	Interpreted through case law applying §7-210
Causation	The defendant’s breach directly and proximately caused the plaintiff’s fall and injuries.	Standard negligence causation in NY
Damages	The plaintiff suffered actual harm such as physical injuries, medical expenses, or lost income.	Typical personal injury damages standard

Notice Standard for Private Owners

To hold a private property owner liable, a plaintiff must prove the owner had either “actual notice” (meaning someone directly informed the owner of the defect) or “constructive notice.” Constructive notice means the hazardous condition existed for a sufficient length of time that a reasonably prudent property owner, through regular inspections, should have discovered and repaired it.

The Higher Hurdle for City Cases

The standard for proving notice against the City of New York is far more difficult. In most cases, a plaintiff must prove that the City received “prior written notice” of the specific defect that caused the fall at least fifteen days before the accident occurred. A phone call to 311 or evidence that city employees were frequently in the area is generally not sufficient. The plaintiff’s attorney must typically uncover a specific document, such as a formal complaint logged with the Department of Transportation or a marking on an official map from the Big Apple Pothole and Sidewalk Protection Corporation, to satisfy this high evidentiary bar.

This stark difference in notice requirements is arguably the single greatest challenge in municipal liability cases. It dictates the entire investigation. For a private owner, the focus is on how long the defect existed. For the City, the focus is on finding a specific piece of paper in a municipal archive. This distinction highlights why specialized legal counsel is not a luxury but a necessity in these cases.

To build a strong case, an injured person should take immediate steps to preserve evidence:

• Document the Scene: Take extensive photographs and videos of the defect from multiple angles. Include a common object, like a coin or ruler, in the photos to provide a sense of scale for the hazard’s dimensions.
• Gather Witness Information: If anyone saw the fall, get their full name and contact information. Independent witness testimony can be invaluable.
• Preserve Footwear: Keep the shoes worn at the time of the fall in a safe place, as the defense may try to argue that inappropriate footwear contributed to the accident.
• Seek Immediate Medical Attention: This is critical not only for health and recovery but also to create an official medical record that links the injuries directly to the fall.

Protect Your Rights After a Brooklyn Sidewalk Accident

Filing a claim after a Brooklyn sidewalk fall can be challenging, especially with the strict deadlines and complex liability rules under NYC Administrative Code § 7-210. Taking prompt action and understanding your legal options are essential to securing the compensation you need for medical bills, lost wages, and other damages. Property owners and municipal agencies often dispute responsibility, so having the right legal guidance can make all the difference in your case.

The experienced New York slip and fall lawyers at Kucher Law Group are dedicated to helping injury victims hold negligent property owners accountable. Our team can investigate your accident, gather the necessary evidence, and ensure all notices and claims are filed on time. Do not wait to get the help you need. Call (929) 563-6780 today to schedule a free consultation and learn how Kucher Law Group can help you pursue the compensation you deserve after a Brooklyn sidewalk accident.