Closing Bell: Sidewalk Liability Only For Multifamilies?
This one’s for the lawyers in the crowd. A posting on the Ditmas Park Blog just got us thinking about sidewalk liability. While all property owners are responsible for shoveling their sidewalks after it snows, according to the Department of Transportation, only owners of four-family houses and up are liable for “injury caused by the…
This one’s for the lawyers in the crowd. A posting on the Ditmas Park Blog just got us thinking about sidewalk liability. While all property owners are responsible for shoveling their sidewalks after it snows, according to the Department of Transportation, only owners of four-family houses and up are liable for “injury caused by the owner’s failure to maintain the sidewalk in a reasonably safe condition.” Does that mean that owners of one-, two- and three-families get a free pass? Have any readers ever gotten sued for an accident relating to the condition of the sidewalk in front of their homes?
Snow Regulations [Ditmas Park Blog]
Sidewalk FAQs [DOT]
Digest of Sanitation Codes [DSNY]
Photo by newyorker311
To guset @ 10:00,
My owning my hope has nothing to do with luck! It has to do with me making necessary sacrifices and being financially responsible. I went out of town unexpectedly and did not know that a snow storm of that magnitude was predicted. My neighbor realized that I was not at home and did shovel for me. Without pay. When I am home, I shovel the sidewalk in front of my home as well as for elderly neighbors. Not shoveling doesn’t make someone a “Boob.” There may be a number of reasons why a person may not shovel. During my two pregnancies I didn’t wear high heels or go out in the snow unless absolutely necessary to avoid falling – which can happpen whether you shovel or not. I realized that my big belly and lack of balance was not every homeowners problem. At any rate I was not liable nor did I get a summons.
My grandmother, owner of a 1-fam house in Brooklyn, was forced to hire a contractor to level part of the sidewalk that had been pushed up by a tree root. So I think the liability is there for all owners.
FWIW, anecdotal though it is.
6:48 PM is exactly right for owners of 3- family or less. Once you make efforts to alter the natural condition of the path, you take responsibility for doing so in a responsbile manner (that is, you cannot do a negligent job). OTOH, if you let the snow just sit there and freeze over, you are not doing anything, and therefore cannot be said to have taken any act negligently or not.
You would still be subject to a city summons for not clearing the side walk, however, just not liable to any injured third parties.
OTOH, 10 AM is also right — if you own the house, make sure it is shoveled or else you will answer to a higher authority down the road.
If you have a big dog that barks a lot people will cross the street and not walk in front of your house so they wouldn’t trip!
does this count if someone regularly throws their trash on your sidewalk and someone trips?
We’re in a two-family, and last year our insurance company sent us a letter saying that the city had inspected our sidewalk and had found defects that needed fixing. The letter stated that if we didn’t send notice that repairs had been made, the company would drop our coverage. Now, we had had a few hazardous-looking spots filled in a couple years ago, so I had the ins. co. send over a scan of the city’s photo, to be sure we knew what to repair – the defect turned out to be something I’d never even noticed before, a little divot where the sidewalk squares meet. Meanwhile, I see people stumble every day on the big gaps in my next-door neighbor’s sidewalk, and I know he didn’t get any letter, so I’m not sure what the rhyme or reason is here.
I am completely unsympathetic to people who fail to shovel their sidewalks after a snowfall. If you are out of town, there are plenty of ways to ensure your sidewalk is shoveled. For example, you can ask a neighbor or *pay* someone in advance.
At the end of both my pregnancies I ended up being housebound because of inconsiderate boobs whose unshoveled sidewalks became sheets of ice. I only wish the Sanitation Department were as diligent about ticketing selfish, non-shoveling building owners as they are about tiny bits of paper on the sidewalk or minor recycling infractions.
If you are lucky enough to own a house, then you should be diligent enough to plan for a snowfall when you travel in winter.
(And yes, I own a house, and yes, I shovel or pay someone to shovel for me.)
I plan to sue my employer because they failed to provide tissues. As a result, I couldn’t wipe my nose and got sick. It’s their fault, not mine. It’s always someone else’s fault and that’s why lawyers are so important to society. Sue, sue, sue. Lawsuits are the new lotto ticket for America.
I am confused.
Is it possible to pay the City on a payment plan?
The Department of Finance will allow a four-year installment plan for some residential properties. For detailed information call the Department of Finance Taxpayer Assistance Unit at (718) 935-6000. If the property owner does not pay the bill by the due date, DOF will charge interest.
Tree roots have pushed up my sidewalk. Do I have to pay for the repairs if the City does the work?
If the Inspector determines that a flag’s defects are only due to tree roots, and that there are no other non-tree related defects on such flags, then these flags will be replaced at no cost if the City replaces your sidewalk.
Two reason why one would want to have the city replace your sidewalk.
I have seen jobs done by private contractors that did not pass re inspection, usually having to do with improper expansion joints.