Under NYC Administrative Code § 7-210, it's the property owner next door to a broken sidewalk — not the City of New York — who is generally on the hook when someone gets hurt. Most people assume the City is automatically liable for every cracked slab or icy patch, but that hasn't been true since 2003. There are exceptions, though, and figuring out which one applies can make or break a claim.
If you tripped on a broken sidewalk in the Bronx, your first instinct might be to blame the City. It's a reasonable assumption — sidewalks are public property, after all. But New York City shifted that responsibility onto private property owners more than twenty years ago, and knowing this can change who you need to pursue for compensation.
How Section 7-210 Works
NYC Administrative Code § 7-210 puts the legal duty to maintain a sidewalk on the owner of the property it runs alongside. That includes:
- Commercial buildings — stores, restaurants, office buildings
- Apartment buildings and multi-family residential properties
- Mixed-use properties with ground-floor businesses
If the sidewalk in front of one of these properties is cracked, uneven, or coated in ice that was never cleared, the owner — not the City — can be held liable for injuries that result. This duty can't be handed off to a management company or a tenant through a lease; courts have confirmed it's non-delegable.
When the City Is Still Responsible
There are two important exceptions where the City remains liable instead of the private owner:
- Owner-occupied one-, two-, or three-family homes. If the owner actually lives there and the property is used exclusively for residential purposes, the City — not the homeowner — typically bears responsibility.
- City-owned property. Sidewalks in front of city buildings, parks, or other municipal property stay the City's responsibility.
Claims against the City come with a strict catch: you generally have only 90 days from the date of the accident to file a Notice of Claim before you can sue New York City or its agencies. Miss that window, and the claim can be lost entirely — regardless of how strong the underlying case is.
Common Trouble Spots in the Bronx
Certain areas of the borough see more than their share of sidewalk trip and fall accidents, including:
- Grand Concourse, where high foot traffic and aging pavement combine
- NYCHA property sidewalks, which can fall into disrepair over time
- Broken curb cuts near the elevated 4, 5, and 6 train stops, where commuters are moving quickly and looking up, not down
Identifying the Right Defendant
Because liability can land on a private owner, a management company, or the City depending on the property type, it's worth having someone review the specific location before you file anything. Get this wrong, and you risk pursuing the wrong party — or missing a deadline that only applies to municipal claims.
If your accident involved a vehicle rather than a sidewalk defect, our page on City Vehicle Accidents covers those claims separately. For sidewalk and other premises-related falls, our Trip and Fall page has more detail.
Talk to Someone Who Knows Bronx Sidewalks
If you were hurt on a broken sidewalk anywhere in the Bronx, don't guess at who's responsible. Reach out to Gottfried Law Group for a free case review, and let attorney Eric J. Gottfried help you sort out exactly who should be paying for your injury.
