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Will the Great Blizzard of 2010 Lead to a Storm of Lawsuits?

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2. Lawsuits against property owners, filed by pedestrians who slip and fall on sidewalks.

Ah yes, a tort law classic — the “slip ‘n fall” lawsuit. With sidewalks covered in snow and ice, there’s a whole lot of slipping and falling going on.

A New York lawyer-reader advises us that real property owners in NYC are generally responsible for maintaining the sidewalks in front of their buildings in a safe condition. See New York City Administrative Code § 11-2703. Here’s some discussion from the New York Times:

[Until September 2003], the strip of concrete between the curb and the front of most commercial and multifamily residential buildings in New York City was essentially the city’s turf and ultimately the city’s problem. While property owners — including co-op corporations and condominium associations — have long been responsible for keeping the sidewalk in front of their buildings in good repair, the ultimate liability for injuries sustained in ”slip and fall” cases has always rested with the city.

That changed, however, on [Sept. 15, 2003,] when three amendments to the New York City Administrative Code took effect. The changes not only make property owners responsible for keeping the sidewalks that abut their properties ”in a reasonably safe condition,” but also require them to carry insurance to cover injuries sustained on those sidewalks and make them legally liable for monetary damages that arise from such injuries.

Other jurisdictions have similar liability rules. See, e.g., Massachusetts. If you’re a property owner with a sidewalk, clean it up (or risk getting sued).

The city itself might be off the hook for many “slip and fall” lawsuits brought by pedestrians. Of course, sidewalks in front of the many city-owned buildings are still the city’s responsibility.

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