Common Defenses Raised by the City of New York in Trip and Fall Cases
If you were injured due to a defective sidewalk, street defect, or pothole in New York City, you may face several legal challenges when filing a claim against the City. Here’s an overview of common defenses used by the City and how to counter them.
1. Sidewalk Cases & NYC Administrative Code Section 7-210
Under Section 7-210 of the Administrative Code of the City of New York, adjacent property owners (not the City) are responsible for maintaining abutting sidewalks in a reasonably safe condition. This includes repair, replacement, and repaving. The law shifts liability for personal injuries caused by defective sidewalks from the City to private property owners.
Who Is Responsible?
- Property owners: Liable for defects on sidewalks abutting their property.
- The City of New York: Still responsible for curbs, as they are excluded from the sidewalk definition under Section 19-101(d) of the Administrative Code.
Relevant Case Law
In Ascencio v. NYCHA, the court ruled that the New York City Housing Authority (NYCHA), as an adjacent property owner, was not responsible for maintaining the curb because the law only requires property owners to maintain the sidewalk, not the curb.
2. Pothole Cases & Defective NYC Manhole Covers
If you were injured due to a pothole or sunken manhole cover in NYC, determining liability is crucial.
Who Is Liable?
- The City of New York: Responsible for potholes and defects in public streets.
- Utility Companies (e.g., Con Edison, National Grid): Responsible for 12 inches surrounding any street hardware they own, such as manhole covers (34 RCNY Section 2-07(b)).
Filing a Claim Against the City
- You must file a Notice of Claim with the NYC Department of Transportation within 90 days to preserve your right to sue.
- If the defect was inside a crosswalk, check if it was documented in Big Apple Maps, which are submitted to the City for prior notice of dangerous conditions.
3. NYC’s “Prior Written Notice” Law & Defenses in Pothole Cases
New York City has a “prior written notice” law, which protects the City from liability unless it had written notice of the defect before the accident.
Key Points About Prior Written Notice:
- 311 complaints do not count as “written notice” in court.
- The City must have received a written complaint about the defect before your accident for it to be held liable.
- Exceptions to the prior written notice rule:
- Affirmative negligence – The City created the hazard through its own negligence.
- Special use – The defect provided a unique benefit to the City.
Relevant Case Law
- Gori v. City of New York (2019): The plaintiff, who was injured by a depressed manhole cover, lost the case because the City had no prior written notice of the defect.
- Yarborough v. City of New York: The court ruled that normal environmental wear and tear over time does not meet the “affirmative negligence” exception. The City is only liable if its roadwork immediately resulted in a dangerous condition.
4. How to Strengthen Your Case Against the City
- Take immediate photos or videos of the defect at the accident scene.
- Obtain witness statements and gather their contact information.
- Check for prior complaints by obtaining Big Apple Maps or Department of Transportation records.
- Consult an attorney experienced in NYC trip and fall cases to review your claim.
Need Legal Help? Call Lemmo Law
If you’ve been injured in NYC due to a sidewalk defect, pothole, or manhole cover, call Lemmo Law at 646-522-9082 for a free consultation. We have over 37 years of experience handling trip and fall cases in NYC!
