New York City Sidewalk Liability Exposure
In 2003 Mayor Bloomberg enacted two laws making a property owner abutting a New York City sidewalk responsible to maintain that sidewalk. Such maintenance includes the responsibility to construct, reconstruct, repave or repair the sidewalk, and to remove snow, ice, dirt or other material from the sidewalk. The property owner is liable for any injury or death resulting from the failure to
maintain such sidewalk.
Items that must be repaired/replaced include:
Lifted/uneven sidewalks, holes in sidewalks, extensive cracking or cracks that create an uneven surface or holes, flower boxes around trees must be in good repair and flush to the sidewalk if possible; the removal of ice, snow, dirt or other material from the sidewalk as often as needed to keep the sidewalk clear of any hazards.
The City is exempt from liability for any injury or death arising out of a property owner’s failure to maintain the sidewalk, except for instances involving exempt property (1-3 family owner occupied residential dwellings).