Sidewalk Injury Attorney in New Jersey and New York

Sidewalk injuries are among the most common premises liability claims in New Jersey and New York, and among the most frequently contested. A lifted concrete slab from tree root growth that catches a pedestrian’s foot. A crumbling curb edge that gives way underfoot. Ice that accumulated because a property owner failed to clear it within the required window after a storm. These hazards injure thousands of people each year, and the legal question of who is responsible is more complex than it might appear. Thai Nguyen Law handles sidewalk injury claims in New Jersey and New York.

Who Is Responsible for Sidewalk Maintenance in New Jersey and New York?

Sidewalk liability depends heavily on whether the sidewalk is adjacent to a commercial or residential property, and which state’s law applies. In New Jersey, the general rule is that commercial property owners are responsible for maintaining the sidewalks abutting their property and can be held liable for injuries caused by defective sidewalk conditions they knew about or should have discovered. Residential property owners in New Jersey occupy a different position: they are generally not liable for injuries on public sidewalks abutting their property under the residential exception established in Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981), unless they actively created the defect or assumed a duty to maintain the sidewalk by undertaking repairs.

New York City follows a fundamentally different framework. Under New York City Administrative Code Section 7-210, enacted in 2003, abutting property owners, including residential property owners, are responsible for maintaining the sidewalks adjacent to their property and are liable for injuries resulting from their failure to do so. This shifts liability significantly from the City to private property owners in most sidewalk defect cases within the five boroughs. However, the City of New York remains liable for injuries caused by its own negligent repair work, by tree root damage where the City owns and maintains the tree, and in certain other circumstances. Outside of New York City, sidewalk liability in New York State generally follows a framework closer to New Jersey’s approach.

Claims against municipalities for sidewalk defects require strict compliance with notice requirements. In New Jersey, a prior written notice ordinance in many municipalities means the local government is only liable for sidewalk defects if it received prior written notice of the specific condition before the injury occurred. In New York City, a Notice of Claim must be filed within 90 days of the injury under General Municipal Law Section 50-e before a lawsuit can be filed against the City. Identifying the correct defendant and meeting the applicable notice requirements are the first critical steps in every sidewalk injury case.

Ice, Snow, and Seasonal Sidewalk Hazards

Winter sidewalk conditions generate a significant portion of sidewalk injury claims in New Jersey and New York each year. Commercial property owners in New Jersey have a duty to clear snow and ice from abutting sidewalks within a reasonable time after a storm ends. Many municipalities have local ordinances specifying the timeframe, typically ranging from 12 to 24 hours after precipitation ends. Failure to comply with a municipal snow removal ordinance is evidence of negligence. Black ice that forms after a property owner inadequately cleared a sidewalk or allowed meltwater to refreeze is a particularly common and serious source of winter sidewalk injuries. In New York City, the same duty applies to abutting property owners under Administrative Code Section 16-123.

How Thai Nguyen Law Handles Sidewalk Injury Cases

Sidewalk injury cases require immediate action before the dangerous condition is repaired and evidence disappears. We photograph and document the defect, measure the height differential or damage, research municipal records for prior complaints about the same location, and identify the correct defendant before any statute of limitations or notice deadline runs. In New York City cases, we file the Notice of Claim within the 90-day window without exception.

Our approach to sidewalk injury cases includes:

  • Immediate scene documentation including photographs, measurements, and defect assessment before repairs are made
  • Research of municipal prior written notice records and prior complaint history for the specific sidewalk location
  • Identification of the correct defendant, whether a commercial property owner, residential owner, municipality, or utility company
  • Filing the Notice of Claim in New York City cases within the mandatory 90-day window
  • Obtaining weather records for ice and snow cases to establish the timeline of the property owner’s duty
  • Medical documentation covering fractures, knee injuries, and other common sidewalk fall injuries

What to Expect Working With Us

  • 01 – Free Case Review — We evaluate your situation at no cost and give you an honest assessment of your claim. No fees unless we win.
  • 02 – Evidence Preservation — We act immediately to secure surveillance footage, document the scene, and obtain incident reports before they can be minimized.
  • 03 – Liability Investigation and Demand — We identify every liable party, document the hazard and notice of it, and build a demand that reflects your full damages.
  • 04 – Negotiation or Trial — Property and premises insurers negotiate hard to minimize payouts. We negotiate from a position of documented strength and litigate when necessary.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen built this firm around the conviction that property owners must be held accountable when their negligence injures people. Large property owners and their insurers begin managing claims from the moment an incident is reported. Their goal is to pay as little as possible. Attorney Nguyen’s goal is to make sure you receive what you are actually owed.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — is the foundation of a practice that fights for people injured on public and private sidewalks regardless of which government entity or property owner was responsible. Thai Nguyen Law serves New Jersey and New York and handles cases nationwide, with services in English, Vietnamese, and Spanish.

  • No fees unless we win — No upfront cost at any stage
  • Free consultation — Understand your options before making any decisions
  • Multilingual service — English, Vietnamese, and Spanish
  • Award-winning representation — Recognized for results against institutional defendants

Frequently Asked Questions

Yes, but the process is demanding. Most New Jersey municipalities have adopted prior written notice ordinances under N.J.S.A. 40:67-14, which require that the municipality received actual written notice of the specific sidewalk defect before the injury occurred in order to be held liable. Without prior written notice, the municipality generally cannot be sued for a passive sidewalk defect. Exceptions exist when the municipality created the defect through its own repair work or negligent maintenance. Researching the municipal prior notice records for the specific location is one of the first things Attorney Nguyen does in any municipal sidewalk case.

In New York City, a Notice of Claim must be filed with the appropriate city agency within 90 days of the injury under General Municipal Law Section 50-e. After filing, there is a mandatory 30-day period before suit can commence. The statute of limitations for personal injury claims against New York City is one year and 90 days from the date of the injury. Under Administrative Code Section 7-210, the City has shifted most sidewalk maintenance liability to abutting property owners, but the City retains liability in specific circumstances including its own negligent work and certain tree root cases. Attorney Nguyen determines the correct defendant and meets all required deadlines from the outset.

New York courts have historically applied a de minimis rule, declining to impose liability for trivial sidewalk defects, often using a roughly one-inch height differential as a threshold. However, this is not a bright-line rule, and New York courts consider the totality of the circumstances including the location, the nature of the defect, and any aggravating factors such as poor lighting or heavy foot traffic. New Jersey does not apply a strict dimensional threshold but evaluates whether the defect was sufficiently dangerous to constitute an unreasonable risk of harm. The specific measurements and photographs of the defect matter enormously in these cases. Attorney Nguyen documents everything before any repairs are made.

Sidewalk injuries frequently cause fractures, particularly wrist and hip fractures from outstretched hands and falls onto hard pavement, as well as knee injuries, shoulder injuries, and head trauma. Damages include all medical expenses, future treatment and rehabilitation costs, lost wages, and diminished earning capacity. Non-economic damages cover pain and suffering, permanent impairment, and loss of enjoyment of life. Hip fractures in older adults are particularly serious, often requiring surgery and extended rehabilitation with lasting functional limitations. Attorney Nguyen builds a complete damages picture before any settlement discussion begins.

Injured on a Sidewalk in New Jersey or New York? Call Thai Nguyen Law.

The correct defendant in a sidewalk injury case is not always obvious, and the notice deadlines are unforgiving. If you were hurt on a sidewalk in New Jersey or New York, call Thai Nguyen Law immediately for a free, confidential consultation. No upfront fees. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win