All Laws Decoded

Tripped on a Broken or Uneven Sidewalk: Who Pays?

It depends on your state and city. A public sidewalk may be the responsibility of the city, of the owner of the property next to it, or of both, and some states make local governments immune from sidewalk-defect claims altogether. Where a city can be liable, it usually must have known (or should have known) about the defect, and you often must give written notice within a short deadline, sometimes 30 to 90 days, and damages may be capped. The examples below are labelled by state; see your state's sidewalk fall page and the notice-of-claim deadlines by state table.

What the law says

FAQ

Who is responsible for a broken public sidewalk: the city or the property owner?
It depends on state and local law. In New York City, NYC DOT says property owners must repair the sidewalk next to their property and are potentially liable for injuries. In New Jersey, a commercial owner must keep the abutting sidewalk in reasonably good condition, but a residential owner generally is not responsible for wear and tear. In California, the general rule is that an abutting owner has no duty to maintain the public sidewalk unless the owner altered it for the property's own benefit. See your state's sidewalk fall page.
Do I have to notify the city before I can sue?
Usually yes, and the deadlines can be short. Examples: 30 days in Massachusetts for public-way defects, 60 days in Rhode Island, 90 days in Connecticut and Kentucky, 90 days for a notice of claim against a city, county, town or village in New York, and 6 months to file a claim with a California city or county. Check the notice-of-claim deadlines by state table for your state.
Does the city have to have known about the crack or raised slab?
In many states, yes. Illinois and Pennsylvania require actual or constructive notice in time to fix or guard against the condition, and California requires that a public entity's employee created the condition or that the entity had actual or constructive notice long enough to protect against it. In Alabama the defect must have been called to the council's attention or have existed long enough that the council is presumed to have known.
Can a city be completely immune for sidewalk defects?
In some states. Delaware's County and Municipal Tort Claims Act makes local governments immune for defects or lack of repair in sidewalks, and the Maine Tort Claims Act says a government entity is not liable for defects or lack of repair in sidewalks, apart from negligence during construction, street cleaning or repair operations.
Is there a limit on how much I can recover from a city?
Some states cap it. In Massachusetts, recovery from a county, city or town for a public-way defect is limited to no more than $5,000. Rhode Island caps personal-injury recovery against a town for highway defects at $100,000, and Alabama caps recovery against a city at $100,000 per injured person and $300,000 per occurrence.
How long do I have to sue a city in New York?
For a city, county, town, village, fire district or school district, a notice of claim must be served within 90 days after the claim arises, the lawsuit may be started only after at least 30 days pass without the claim being paid or adjusted, and it must be commenced within one year and 90 days after the event. Other states' deadlines differ; see the notice-of-claim deadlines by state table.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.