Several thousands of persons are injured yearly, as a result of defective sidewalk slips, trips and falls. In 2003, New York City shifted responsibility for sidewalk liability from the city to property owners. Sidewalks throughout NYC are abundant with defects that can result in severe personal injuries.

According to section 19-152 of the NYC Administrative Code, any of the following shall be considered a defect which would result in a violation:

• One or more flag(s) (i.e. square of sidewalk) missing or sidewalk never built.
• One or more flag(s) cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed.
• An undermined flag below which there is a visible void or a loose flag that rocks or seesaws.
• A trip hazard, where the vertical surface differences between adjacent sidewalk flags are greater than or equal to 1/2″.
• Improper slope, which shall mean (i) flag(s) that do not drain toward the curb and retain water, (ii) flag(s) that must be replaced to provide for adequate drainage or (iii) a cross slope exceeding established standards.
• Hardware defects, which shall mean (i) hardware not flush within 1/2″ of the sidewalk surface or (ii) cellar doors that deflect greater than 1″ when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition.
• Defects involving structural integrity, which shall mean a flag that has a common joint, which is not an expansion joint, with a defective flag and has a crack that meets the common joint and one other joint.
• Non-compliance with DOT specifications for sidewalk construction.
• Patchwork, which shall mean (i) less than full-depth repairs to all or part of the surface area broken, cracked or chipped flag(s) or (ii) flag(s) which are partially or wholly constructed with asphalt or other unapproved non-concrete material.
• Failure to post hazard warnings, cones or markers
• Failure to clear trash or debris on the sidewalk

If you have fallen due to an uneven sidewalk, broken pavement, loose brick or flagstone, uneven tree well or because a sidewalk was not properly shoveled following a snowstorm, you may be entitled to compensation by law for you injuries. Contact one of our dedicated NYC defective sidewalk injury attorneys today for a free case evaluation.