Syracuse Personal Injury Law Blog
When pedestrians walk along city streets, they expect reasonably safe pathways. Yet, many urban areas include sections without constructed sidewalks, forcing individuals to walk on driveways, grass strips, or unpaved paths. Questions often arise regarding who bears responsibility when an injury occurs in such spaces. A recent New York opinion clarifies the limits of municipal liability under New York’s Administrative Code, illustrating that the mere absence of a sidewalk does not create a duty on the part of the City to prevent accidents. If you suffered injuries in a fall on someone else’s property, it is in your best interest to talk to an attorney about your possible claims.
History of the Case
It is reported that the plaintiff commenced a personal injury action against the defendant, the City of New York, alleging she sustained injuries while walking on a grassy path adjacent to a cement driveway. The plaintiff claimed her right foot struck the raised edge of the driveway, causing her to trip and fall. In her deposition, she stated that the cement driveway was approximately two inches higher than the adjoining grass and that a hole existed near the raised edge. However, she did not assert that the hole caused or contributed to her fall. Rather, she maintained that her accident resulted from the abrupt elevation difference between the grassy area and the driveway’s edge.
Allegedly, the City moved for summary judgment, asserting that it bore no legal duty to maintain areas without sidewalks under Administrative Code §19-152(a) and that it had received no prior written notice of any defect at the location. In opposition to the motion, the plaintiff argued that her fall was proximately caused by a “missing sidewalk.” She contended that the lack of a paved walkway forced her to traverse uneven ground, creating an unsafe condition. The trial court granted the City’s motion, dismissing the complaint and all cross-claims against it. The plaintiff appealed.
Municipal Liability for Slip and Fall Accidents
On appeal, the court affirmed the trial court’s decision, holding that the absence of a sidewalk does not constitute a defect that can render the City liable. The court explained that §19-152(a) of the Administrative Code imposes no affirmative duty on the City to install or maintain sidewalks. The statute pertains only to the maintenance of existing sidewalks, and therefore its alleged violation was not probative of negligence. The court cited precedent confirming that municipalities cannot be held liable for failing to provide sidewalks where none exist, emphasizing that the City’s duties are limited to repair obligations for existing structures.
The court further evaluated the issue of notice under Administrative Code §§7-201(c)(2) and 7-210. To hold the City liable for a defective condition on its property, a plaintiff must establish that the City had prior written notice of the specific defect. The City demonstrated through the record that it had no such notice of any raised driveway edge. The plaintiff relied on a Big Apple Map indicating that the location lacked a sidewalk, but the court found this evidence insufficient. The absence of a sidewalk, it reasoned, was not equivalent to notice of a raised cement edge, an entirely different condition.
Talk to a Knowledgeable Syracuse Personal Injury Attorney
If you were injured due to an unsafe walking condition, you should consult an experienced attorney to determine whether you have a viable premises liability claim. The knowledgeable Syracuse personal injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can review your case, assess the applicable statutes, and advocate for your rights. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.