Are Sidewalk Accidents Considered Slip and Fall Accidents?

In short, yes—all sidewalk accidents are considered slip and fall accidents. Also referred to as premises liabilities, a slip and fall accident is when someone sustains injuries due to dangerous conditions on another person’s property. 

When a pedestrian is injured on a sidewalk, one of the first questions they might ask is, “Would this be considered a slip and fall accident?” However, before a New York slip and fall injury lawyer can fully explain this question, it helps to first define what a slip and fall accident entails. 

What is a Slip and Fall Accident?

In a legal sense, a slip and fall accident arises when someone slips, trips, or falls on property belonging to someone else as a direct result of one of the following conditions: 

• Wet or slippery surfaces
• Uneven flooring
• Loose tiles or carpets
• Snow or ice
• Poor lighting

These types of accidents are typically categorized as premises liability cases. In other words, the property owner may be responsible if said owner failed to maintain a safe environment prior to the victim sustaining his or her injuries on the owner’s property.

If you are the victim of slip and fall injuries, we can represent you and serve as your New York personal injury lawyer to ensure your rights are protected. But we recommend contacting us sooner than later because you only have so much time to file a lawsuit. 

How Long Do I Have to File a Claim for a Sidewalk Slip and Fall Accident?

After sustaining injuries due to a slip and fall incident, it’s only natural to wonder about the statute of limitations for slip and fall accidents in New York. The statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. 

However, there are often exceptions to statutes of limitations regarding slip and fall accidents. In New York, if the accident transpired on sidewalks that are the maintenance responsibility of a government entity—such as the city itself—the time to file may be much shorter: one year and 90 days. 

No matter the statute of limitations that applies to your case, failing to file within these deadlines has consequences. If you miss the deadline, you may lose your right to pursue compensation altogether.

Are Sidewalk Accidents Always Considered Slip and Fall Accidents?

Yes—sidewalk accidents often fall under the umbrella of slip and fall accidents. This is because they typically involve a person tripping or slipping due to a preventable condition, such as uneven pavement, cracks, potholes, or ice.

These accidents can occur due to negligent maintenance of the sidewalk, which means the responsible party is potentially liable for any injuries that result from the fall. For example, let’s say you tripped over a large crack in a poorly maintained sidewalk and sustained injuries.

A situation like this would likely be considered a slip and fall accident under premises liability laws in New York. Similarly, if snow or ice is not cleared within the required timeframe—and you slip and fall on it—the accident would also likely be part of this category.

Who is Liable for a Sidewalk Slip and Fall Accident?

Liability for a sidewalk slip and fall accident depends on who is responsible for maintaining the sidewalk where the accident occurred. In many cases, property owners adjacent to the sidewalk are responsible for its upkeep in the following ways: 

• Repairing cracks or defects in the pavement
• Clearing snow or ice in a timely manner
• Removing debris or obstacles that could cause someone to trip

In New York, the New York City Administrative Code requires most property owners to maintain sidewalks adjacent to their property. However, under certain circumstances— like one-, two-, or three-family homes—the responsibility may fall on the city. 

All in all, when a slip and fall occurs due to improper sidewalk maintenance, either the property owner or the city may be liable.

What Conditions on a Sidewalk Can Lead to a Slip and Fall Accident?

Several hazardous conditions can lead to a sidewalk slip and fall accident:

• Uneven pavement: A common cause of sidewalk accidents is uneven pavement. When one section of the sidewalk is higher than another, a tripping hazard arises.
• Cracks and holes: Cracks or potholes in the sidewalk can cause pedestrians to trip and fall onto the ground.
• Snow and ice: More commonly an issue during colder months, the accumulation of snow and ice on sidewalks can lead to slip and fall incidents. Property owners are required to clear these hazards within a set time frame after snowfall.
• Debris or obstacles: If objects—such as construction materials, fallen branches, or garbage—are left on the sidewalk, they may increase the likelihood of people tripping.
• Poor lighting: While not a direct fault of the sidewalk itself, poorly lit sidewalks can make it difficult for pedestrians to see hazards, which often increases their chances of falling.

All of these conditions could result in a slip and fall accident if they are not properly addressed. If you are a victim of improper upkeep of sidewalks, a New York slip and fall injury law firm can help you build a case.

Speak With a New York Slip and Fall Injury Attorney Today

Sidewalk accidents are typically considered slip and fall accidents, especially when they result from hazardous conditions like cracks, uneven pavement, or ice. If you’ve been injured in a sidewalk accident, understanding your legal rights is crucial. 

A personal injury lawyer can help determine liability and ensure you receive the compensation you deserve. For a free consultation, contact our law firm today. Reach out to Morelli Law to learn more about us and our experience handling accidents for slip and fall victims.