Legal Question in Personal Injury in New York

Several months ago, a man slipped and fell (allegedly) on a mildly lifted part of the sidewalk adjacent to my house. I did some research, and I am getting conflicted information as to whether I am responsible as homeowner or New York City is responsible (I live in one of the boroughs of New York City). He is threatening to sue me.

Who is responsible for the defective sidewalk?

Asked on 2/29/12, 6:21 pm

3 Answers from Attorneys

All depends, as usual in the law. If you live in a single or two-family home, the City is responsible for maintaining the sidewalk. However, if the man tripped and fell on a part of the sidewalk of which a special use was made (e.g. the driveway apron), the homeowner becomes responsible. Best course is to report the accident to your homeowner's insurance company, and take pictures of the sidewalk condition now. Best, M.E. Zuller

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Answered on 3/01/12, 6:38 am
Gennady Yankilevich Law Office Of Gennady Yankilevich P.C.

How is he "threatening to sue you" Have you rceived an official correspondence from an attorney, from court?? or is it just verbal threats?

NYC administrative code provides that a 1, 2 or 3 family residential property is exempt from personal injury liability (caused by failure to maintain sidewalks), although there may be some exceptions "such as special use".

If you receive actual notices or summonses from the injured party, I would first and foremost advise your Insurance carrier of the event, and have them take up the matter. If you dont have coverage, seek an attorneys personal consultation.

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. Answers may vary greatly depending on variation of facts and circumstances of the event discussed.

You should consult an attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site.

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Answered on 3/01/12, 10:04 am
David Slater David P. Slater, Esq.

Notify your carrier.

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Answered on 3/01/12, 10:08 am

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