Brooklyn, New York - Samantha Kucher, Esq., founding attorney at Kucher Law Group (https://www.rrklawgroup.com/brooklyn-sidewalk-fall-filing-under-nyc-7-210-the-90-day-notice-rule/), issues guidance for injured pedestrians and property stakeholders regarding liability for sidewalk hazards under NYC Administrative Code § 7-210 and the strict 90-day Notice of Claim requirement that applies when municipal property is involved. The guidance highlights how a Brooklyn slip and fall accident lawyer evaluates responsibility, preserves evidence, and files on time to protect an injured party’s rights after a sidewalk fall.
New York City’s Sidewalk Law places day-to-day safety duties on adjacent property owners, not the City, for most sidewalks. Enacted in 2003, § 7-210 creates an affirmative duty to keep sidewalks in a reasonably safe condition, including repairing broken or uneven flags and clearing snow or ice. According to Kucher, a Brooklyn slip and fall accident lawyer builds a claim by pinpointing ownership and maintenance obligations for the exact location of a fall, then documenting defects such as height differentials of one-half inch or more, loose or rocking concrete slabs, significant cracks or holes, and improper slopes that affect footing or drainage.
The duty imposed by § 7-210 is non-delegable. Even where leases assign snow removal or repairs to a tenant or a management company, the owner remains the party responsible to the public. Where the hazard spans a property line, neighboring owners may share responsibility if their own portion contributed to the defect. By contrast, some features do not fall within the definition of sidewalk under this statute. Curbs, pedestrian ramps at crosswalks, and tree wells remain within the City’s purview. Correctly distinguishing between a sidewalk flag and an adjacent curb or tree well is therefore pivotal to naming the proper defendant and pursuing recovery with a Brooklyn slip and fall accident lawyer.
An important exception preserves City responsibility for one-, two-, or three-family dwellings that are owner-occupied and used exclusively for residential purposes. Where that exception applies, claims proceed against the City and trigger special notice rules. A Notice of Claim must be served within 90 days of the accident under General Municipal Law § 50-e. The notice must include the claimant’s information, the exact time, place, and manner of occurrence, and a general description of injuries. Failure to serve a timely and compliant notice will likely bar a lawsuit, regardless of injury severity or the clarity of the defect.
Deadlines differ again at the lawsuit stage. Claims against private owners are subject to a three-year statute of limitations. Claims against the City must be filed within one year and 90 days. In addition, proof standards diverge. For private owners, liability can rest on actual or constructive notice where a hazardous condition existed long enough that a reasonable inspection would have uncovered it. For municipal defendants, prior written notice of the specific defect, received at least fifteen days before the incident, is generally required. Records from the Department of Transportation or archival maps may therefore become critical evidence for a Brooklyn slip and fall accident lawyer handling a municipal claim.
Immediate evidence preservation strengthens any sidewalk case. Recommended steps include photographing the defect from multiple angles with a ruler or coin for scale, securing witness names and contact information, preserving the footwear worn at the time of the incident, and seeking prompt medical evaluation that links injuries to the fall. Because responsibility can shift among private owners, neighboring parcels, and the City based on location, property use, and special-use installations such as driveway aprons or cellar doors, early legal analysis can streamline claims and avoid missed deadlines.
About Kucher Law Group:
Kucher Law Group is a New York personal injury law firm led by Samantha Kucher, Esq. The firm represents individuals in slip and fall, premises liability, car accidents, construction accidents, and related injury claims throughout Brooklyn, Manhattan, Queens, the Bronx, and Staten Island. The team pursues thorough investigations, timely filings, and strategic litigation to help injured clients seek compensation for medical costs, lost income, and pain and suffering. For consultations, call (929) 563-6780 or visit the firm’s website to request an appointment.
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Email: contact@rrklawgroup.com
Website: https://www.rrklawgroup.com/
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
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Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/
