Preventing Trips and Falls: Sidewalk Maintenance

A Guide to New York City Sidewalk Rules and Regulations

New York City Administrative Code § 7-210 - Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.

The enactment of New York City Administrative Code § 7-210 in 2003 transferred the responsibility of sidewalk maintenance from the city to property owners, stating:

"It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition."

Sidewalk defects are a leading cause of liability claims for property owners and managers in New York City. A proactive approach to sidewalk maintenance includes prompt identification and mitigation of sidewalk defects.

What Is a Sidewalk Defect According to NYC Administrative Code?

1. Cracks: One or more sidewalk flag(s) are cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed. 
2. Unleveled Sidewalk (change in elevation / grade): Adjacent sidewalk flags where the vertical height difference is one half inch or greater. Horizontal surface defects on a sidewalk flag that is one half inch or greater in depth. 
3. Tree Well: Cracked and unleveled sidewalk flags due to tree roots. 
4. Hardware Defect: Utility cap, grating, access hatch, manhole cover and cellar door not flush within one half inch of the sidewalk surface. 
5. Patchwork: Patchwork that is partially or wholly constructed with asphalt or other listed concrete materials not approved for permanent sidewalk repairs under DOT specifications.

Click here for a downloadable PDF that specifies what a sidewalk defect is according to New York City Administrative Code.

Approaches to Mitigate NYC Sidewalk Defect Claims

The most effective method for mitigating New York City sidewalk defect claims is to take proactive measures toward prevention of pedestrian trips and falls. This includes periodic inspection and prompt repair of substantial defects on and around your property. It is also important to partner with a responsive and reputable contractor.

Submitting a Claim to GNY

To submit a claim after a water-related loss refer to the guides here. 

Additional Resources

• NYC Administrative Sidewalk Code
• NYC Parks Department Tree Wells
• RCNY Title 34 Section 2-07 -- Underground Street Access Covers, Transformer Vault Covers and Gratings
• RCNY Title 34 Section 2-13 -- Vaults
• RCNY Title 34

This material is informational only. It is not intended to be, and is not in fact, a statement, in whole or in part, of GNY’s underwriting guidelines. Nothing said here amends or affects the interpretation, application, or both, of the coverage provisions in any GNY insurance policy; nor do the statements made here constitute a representation that insurance coverage exists for any loss under any GNY policy. Coverage depends on facts and circumstances of each individual claim or loss, the applicable laws, and the policy provisions in the GNY insurance policy.