Sidewalk repair

Now is the time of year when we engage in the time honored tradition of spring cleaning. When you are making your to-do list for your business don’t forget to add: your sidewalks.

Repeated cycles of freezing and thawing can cause sidewalks to crack and heave, creating a potentially hazardous situation for anyone trying to navigate the uneven terrain. The danger is easily recognizable, but whose responsibility is it to remedy that danger? Generally, in New York liability for injuries sustained as a result of negligent maintenance of, or the existence of dangerous and defective conditions to, public sidewalks is placed on the municipality and not the property owner. However there are exceptions.

Liability for failing to fix a sidewalk will fall on the property owner when: the sidewalk was constructed in a special manner for the benefit of the property owner; the property owner affirmatively caused the defect; the landowner negligently constructed or repaired the sidewalk; or a local ordinance or statute specifically charges a property with a duty to maintain and repair the sidewalks and imposes liability for injuries resulting from the breach of that duty. It is this last exception that requires your special attention. Most municipalities in New York have adopted local ordinances placing the duty to repair sidewalks on property owners. With the duty to repair, comes liability for failure to timely remedy a defect in a sidewalk. So, it is important you check your local municipality’s ordinances to see if they have joined the growing number delegating this duty to local business.