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NYC – Abutting Owner’s Duty to Maintain Public Sidewalk

NYC – Abutting Owner’s Duty to Maintain Public Sidewalk

Duty to Maintain Public Sidewalk

Sidewalk Defects
As we have discussed before, in New York City, the owner of a premises has a duty to keep the sidewalks abutting the premises in a reasonably safe condition as mandated by the Administrative Code of the City of New York § 7-210. The Code exempts property owners of one-, two-and three-family residential real property that is owner occupied, and used exclusively for residential purposes.

Click Here to Read the Code

The duty to maintain the sidewalk in a reasonably safe condition includes liability for personal injury caused the negligent failure to remove snow, ice, dirt or other material from the sidewalk.

With Administrative Code § 7-210, the applicable property owners are under a statutory nondelegable duty to maintain the abutting sidewalk. This is true even if the owner is an out-of-possession landlord. (See,Litkenhous v. 1158 Hylan Blvd. Corp., 26 Misc.3d 19, and James v. Blackmon, 58 AD3d 808, Di Natale v. State Farm Mut. Auto. Ins. Co., 5 AD3d 1123). There is also no exemption for the property owner for the failure to remove snow or ice from the abutting sidewalk even where that owner enters into a “comprehensive and exclusive” contract for snow removal. (See, Simon v. Astoria Federal Savings, 27 Misc.3d 1206[A] [N.Y.Sup. Apr 08, 2010]).

It would, therefore, be prudent for these property owners to properly maintain the abutting sidewalks in order to avoid tort liability.

Personal Injury Lawyer

If you are injured as a result of a New York City trip and fall on a sidewalk because of sidewalk defect or sustained an injury as a result of a slip and fall on ice, snow or other material on a public sidewalk, you should not make any legal assumptions for yourself, but rather speak to a qualified personal injury lawyer and obtain proper legal advice.

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