Brooklyn’s sidewalks aren’t all in great shape. You’ve got cracked pavement everywhere, missing grates, and uneven slabs that can trip you up in a second. When someone falls and gets hurt, they usually ask the same question: can I sue the city for this? You can, but it’s complicated. Suing New York City isn’t like going after a regular property owner. The rules are different, the deadlines are tighter, and honestly, the city’s going to fight you hard on these claims.
Who’s Responsible For Brooklyn Sidewalks
Here’s where things get messy. Property owners are actually responsible for the sidewalk directly in front of their building. They’re supposed to keep it safe and make repairs when something’s wrong. The city still owns the sidewalk itself, though. If you’re hurt in front of a small residential property with fewer than four units, you’ll typically need to sue the property owner. For commercial buildings or larger apartment complexes, both the property owner and the city might share liability depending on what caused your fall. The city can be held liable when it created the dangerous condition or when it received prior written notice about it. That second part? It’s where most claims fall apart.
The Prior Written Notice Requirement
New York City has this thing called the prior written notice rule, and it’s a real problem for injured pedestrians. Under Section 7-201 of the NYC Administrative Code, the city generally can’t be held liable for sidewalk defects unless it received written notice about that specific problem before your accident. Written notice. Not just someone calling 311 to complain. Actual documentation in the city’s records. There are exceptions:
- The city caused the defect through its own work or negligence
- The defect resulted from immediate prior excavation work
- A special law applies to your situation
- The city had constructive notice through an affirmative act of negligence
Proving any of these exceptions isn’t easy. You’ll need photos, work permits, 311 complaint records, and repair logs. A Brooklyn pedestrian accident lawyer can help you track down this documentation and figure out if you’ve got a viable claim.
What Counts As A Dangerous Condition
Not every crack in the sidewalk is legally dangerous. New York courts have established pretty specific standards. Generally speaking, a height differential of one inch or less between pavement sections isn’t considered hazardous. Anything above that can potentially support a claim, though other factors come into play too. Was the defect visible? Were there warning signs? What were the lighting conditions? The city’s lawyers will argue you should’ve seen the problem. They’ll say it wasn’t severe enough to be dangerous. They’ll claim you were distracted, not paying attention. You’ll need solid evidence showing the defect was substantial and not something you could’ve reasonably avoided.
Time Limits For Filing Claims
You’ve got 90 days from your accident to file a Notice of Claim with the city. That’s it. Miss that deadline, and you’re probably done. Courts rarely grant extensions, even if you’ve got a good reason for being late. After you file your Notice of Claim, you generally have one year and 90 days to actually file the lawsuit. These deadlines are incredibly strict, especially compared to other personal injury cases, where you might have three years. This compressed timeline is exactly why documentation matters so much. You need photos of the defect taken as soon as possible. Medical records. Witness contact information. All of it gathered quickly before the evidence disappears.
Building Your Case
Strong sidewalk injury claims require a thorough investigation. Beyond your medical records and photos, you’ll want to obtain the city’s inspection records for that location. Maintenance logs. Any prior complaints about that same spot. Freedom of Information Law requests can uncover whether other people reported the hazard. Construction permits might reveal if recent work created the problem. Weather conditions matter too. So does lighting. A Brooklyn pedestrian accident lawyer understands how to gather this evidence and how to present it in a way that overcomes the city’s defenses.
Getting Help With Your Claim
Sidewalk injury cases against New York City involve procedural requirements that don’t exist in typical personal injury claims. The prior notice rule alone eliminates countless legitimate claims. Add in the short filing deadlines and governmental immunity defenses, and you’re looking at a genuinely challenging legal situation. Don’t assume the city will accept responsibility just because you got hurt. The Edelsteins, Faegenburg, & Blyakher LLP has handled pedestrian injury cases throughout Brooklyn for decades. We understand how to navigate governmental liability claims, and we know how to protect your rights against missed deadlines and procedural traps that can destroy an otherwise valid case.