Come up the stairs from the Forest Hills–71st Avenue subway station, one of the busiest stations in Queens, and you step onto some of the most heavily walked sidewalks in the borough. Queens Boulevard, Austin Street, 71st Avenue and the side streets leading into the Gardens carry commuters, shoppers, students and seniors all day. Many of those sidewalks are shaded by mature London plane trees and oaks. The trees are part of what makes Forest Hills beautiful. Their roots are also one of the leading causes of the cracked, lifted slabs that trip pedestrians.
When someone trips on a Forest Hills sidewalk, the legal question is always the same: who was supposed to fix it? The answer depends on who owns the adjoining property, what kind of property it is, whether a tree caused the problem, and what the city knew. This guide, from a sidewalk accident lawyer in Forest Hills, explains how responsibility works in practice.
The Basic Rule: Administrative Code Section 7-210
In New York City, the owner of real property abutting a sidewalk is generally required to maintain that sidewalk in a reasonably safe condition, and is liable for injuries caused by failing to do so. That includes repairing defective slabs, filling holes, and removing snow and ice within required time frames. This shifted responsibility from the city to most property owners beginning in 2003.
The Big Exception
Section 7-210 does not apply to one-, two- or three-family residential properties that are at least partly owner-occupied and used exclusively for residential purposes. For those homes, the City of New York generally remains responsible for sidewalk defects. Forest Hills has both kinds of property: large apartment buildings and commercial strips, where owners are responsible, and many single- and two-family homes, where the city may be.
What About Tree Roots?
This is where Forest Hills cases get interesting. Street trees are generally maintained by NYC Parks. When a city tree’s roots lift a sidewalk:
- For properties covered by 7-210, the property owner’s duty to maintain the sidewalk generally still applies, even if a city tree caused the damage. Courts have generally held that the owner remains responsible for the sidewalk’s condition.
- The city may share responsibility in some circumstances, for example if its own tree work created the defect, and claims against the city carry their own notice requirements.
- The city runs programs, such as the Parks Department’s Trees and Sidewalks program, to repair sidewalks damaged by street trees at eligible one-, two- and three-family homes, which reflects the city’s role for those properties.
Because these situations turn on details, a lawyer will check property records, tree records and repair histories.
Violation Notices: Proof the Problem Was Known
The NYC Department of Transportation inspects sidewalks and can issue a Notice of Violation to a property owner, requiring repairs within a set period. If the owner does not repair it, the city may do the work and bill the owner. DOT violation records are public and can be powerful evidence that the owner knew about the defect before your fall.
Prior Written Notice for City Claims
When the city is responsible, Administrative Code Section 7-201, often called the “Pothole Law,” generally requires that the city had prior written notice of the specific defect at least 15 days before the accident, unless an exception applies, such as the city creating the defect through its own affirmative negligence. Prior written notice is often proven through maps filed by the Big Apple Pothole and Sidewalk Protection Corporation, which marks defects on city sidewalk maps, or through certain other written complaints.
The 90-Day Clock
Claims against the City of New York require a Notice of Claim within 90 days of the fall under General Municipal Law Section 50-e, a possible 50-h examination, and a lawsuit within one year and 90 days. Claims against private owners generally have a three-year statute of limitations.
Other Players on the Sidewalk
- Utility companies, such as Con Edison and National Grid, are responsible for their own covers, gratings and the area immediately around them under city rules, and for defects created by their work.
- Businesses with sidewalk cellar doors or vault covers on Austin Street and Queens Boulevard are responsible for those structures.
- Contractors who dig up and patch sidewalks may be liable for defective work.
- Forest Hills Gardens Corporation, for certain private walkways and streets within the Gardens.
How Big Does a Defect Have to Be?
There is no fixed minimum. Courts consider the defect’s dimensions along with the surrounding circumstances, including lighting, location, foot traffic and whether the defect was hidden. City rules treat certain conditions, such as height differentials of a half inch or more between slabs, as defects that owners must repair. Measure the defect and photograph it with a ruler or coin.
Snow and Ice on Forest Hills Sidewalks
City rules require owners covered by 7-210 to clear snow and ice from sidewalks within set periods after snowfall stops, generally measured in hours depending on when the snow ends. Under the storm-in-progress doctrine, owners are generally not liable for falls during a storm or for a reasonable time after. Once that time has passed, failing to clear, or clearing negligently, can lead to liability.
What To Do After a Sidewalk Fall
- Get medical care.
- Photograph the exact spot, wide and close, with something for scale, and include the building address.
- Note the time, lighting and weather.
- Get witness names.
- Keep your shoes.
- Do not return to “fix” or move anything.
- Contact a lawyer promptly so property ownership, DOT records and Big Apple maps can be checked and any Notice of Claim served within 90 days.
Deadlines
- Claims against the City: Notice of Claim within 90 days; lawsuit within one year and 90 days.
- Claims against private owners, businesses and utilities: generally three years.
- Wrongful death: two years.
For sidewalk rules and violation lookups, see NYC DOT sidewalks. For tree-related sidewalk repair, see NYC Parks Trees and Sidewalks.
Find Out Who Was Responsible
Mushiyev Law handles sidewalk cases throughout Forest Hills and Queens, digging into property, DOT and Parks records to find the responsible party. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Forest Hills to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From the 71st Avenue station, take the E or F to Jamaica and the LIRR to Rosedale, or drive via the Van Wyck south, the Belt Parkway east and the Cross Island Parkway.
Three Forest Hills Sidewalk Scenarios
In front of an apartment building on 108th Street. A commuter trips on a slab lifted by tree roots outside a large rental building. Section 7-210 applies, so the building owner is responsible for maintaining the sidewalk, even though a city tree caused the lift. DOT records show a Notice of Violation was issued to the owner months earlier and never cured. That record goes a long way toward proving the owner knew about the hazard.
In front of a single-family home in the Cord Meyer section. A retiree walking her dog catches her foot on a broken slab in front of an owner-occupied home. The 7-210 exception applies, and the claim is against the City of New York. Her lawyer serves a Notice of Claim within 90 days and searches Big Apple maps for prior written notice. The map shows the defect marked years before, satisfying the requirement.
Outside a restaurant on Austin Street. A diner exiting a restaurant steps onto a sidewalk cellar door that is warped and raised above the surrounding concrete. The business and the property owner are responsible for the cellar door and its condition. Claims against them follow the ordinary three-year limit, but video and photos should be captured before the door is repaired.
Forest Hills Sidewalks Worth Watching
Some of the most frequent trip locations in Forest Hills include the tree-lined blocks between Queens Boulevard and the LIRR, where large trees have lifted slabs for decades; the busy sidewalks near the 71st Avenue and 75th Avenue subway stations, where foot traffic is heaviest; Austin Street’s cellar doors and outdoor dining areas; and the edges of Forest Park along Union Turnpike and Metropolitan Avenue. Bus stops and curb cuts at corners are also common trouble spots, because pedestrian ramps and curbs are often treated differently from the sidewalk flags themselves.
Reporting Hazards Before Someone Gets Hurt
If you see a dangerous sidewalk defect, report it through NYC 311. Your report helps get it repaired, and it creates a record that may help an injured neighbor later. Owners covered by 7-210 can also be notified directly, and building managers usually want to know about hazards in front of their property.
Injuries From Sidewalk Falls
Sidewalk trips typically pitch people forward. Common injuries include wrist and forearm fractures from breaking the fall, knee injuries, facial and dental injuries, shoulder tears and, for older adults, hip fractures and head injuries. Get evaluated promptly, even if you think you are only bruised, and follow your doctor’s instructions. A fall that seems minor can lead to months of treatment, and your medical records will be central to your claim.
Frequently Asked Questions
Who is responsible for a cracked sidewalk in Forest Hills?
Usually the owner of the adjacent property under NYC Administrative Code 7-210. For owner-occupied one-, two- or three-family homes used only as residences, the city is generally responsible.
What if a tree root caused the sidewalk to crack?
For properties covered by 7-210, the owner generally remains responsible for the sidewalk even if a city tree caused the damage. The city’s role depends on the circumstances and the type of property.
How do I prove the owner knew about the defect?
DOT violation notices, prior complaints, Big Apple maps and photos showing a long-standing condition can help prove notice.
How long do I have to file a claim against the city for a sidewalk fall?
You must generally serve a Notice of Claim within 90 days and file suit within one year and 90 days.
How much does a sidewalk accident lawyer in Forest Hills cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.