Who Is Liable for a Snow or Ice Slip on an NYC Sidewalk?

Under New York City Administrative Code section 7-210, the owner of real property that abuts a public sidewalk, not the City of New York, generally bears the duty to keep that sidewalk in a reasonably safe condition. Section 7-210(a) and (b) state that an abutting owner is liable for personal injury proximately caused by a failure to maintain the sidewalk, and that duty expressly includes what the statute calls "the negligent failure to remove snow, ice, dirt or other material from the sidewalk." This provision shifted most sidewalk maintenance responsibility away from the municipality and onto adjoining property owners.

Which property owners does this duty apply to?

Section 7-210 applies broadly to owners of real property abutting a public sidewalk in New York City. This includes commercial buildings, apartment buildings, mixed use properties, and vacant lots. If snow or ice accumulates on the sidewalk in front of or beside such a property and is not cleared, the owner can be held responsible for an injury that results, provided the other elements of a negligence claim are met.

Is there an exception for private homes?

Yes. Section 7-210(b) excludes certain residential property from this duty. The statute states that the sidewalk maintenance obligation, including snow and ice removal, does not apply to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes." In plain terms, a small owner-occupied home used only as a residence is not subject to the same sidewalk liability rule that applies to larger buildings and non-residential property. This exception is narrow. It does not cover rental buildings that are not owner occupied, mixed use buildings with any commercial use, or larger residential buildings with more than three units.

How quickly must snow or ice be removed from a sidewalk?

New York City Administrative Code section 16-123(a) sets out the timing requirement for sidewalk snow and ice removal. It states that every owner, lessee, tenant, occupant or other person having charge of a building or lot abutting a paved sidewalk must remove snow or ice from the sidewalk and gutter "within four hours after the snow ceases to fall." The statute also provides that "the time between nine post meridian and seven ante meridian" is not counted toward that four hour period. In other words, the clock for clearing a sidewalk runs during daytime and evening hours, and it pauses overnight. This timing rule is often central to a snow and ice sidewalk claim, because it defines what counts as a reasonable opportunity to clear the hazard before a property owner can be found negligent for not doing so.

What happens when the exception applies or the property is city owned?

When a property falls within the owner-occupied one-, two- or three-family residential exception in section 7-210(b), the statutory duty to maintain the sidewalk does not shift to that homeowner in the way it does for other property owners. Responsibility in that situation may depend on other facts, including whether the City of New York itself owns the abutting property or has some other independent obligation. Claims involving city owned property or city action raise additional procedural requirements that do not apply to claims against a private property owner.

What has to be proven in a snow or ice sidewalk claim?

A claim based on snow or ice on a sidewalk is a type of premises liability claim grounded in negligence. Generally, the person injured must show that the responsible party owed a duty to maintain the sidewalk, that the party failed to do so within a reasonable time under the circumstances, that this failure caused the fall, and that the fall caused injury. Because section 16-123 defines what a reasonable time to clear snow or ice looks like, it is frequently used as a benchmark for whether a property owner acted too slowly. Courts in New York have also long recognized that liability generally does not attach while a storm is still actively depositing snow or ice, since a property owner is not expected to clear a walkway while precipitation is ongoing. Once the storm has ended and the time described in section 16-123 has passed, the analysis turns to whether the owner had a fair opportunity to clear the hazard and failed to do so.

What defenses are commonly raised in these cases?

Property owners facing a snow or ice sidewalk claim often argue that the fall occurred while snow or ice was actively falling or forming, that the owner met the clearing timetable described in section 16-123, that the owner qualifies for the residential exception in section 7-210(b), or that the hazard was not reasonably discoverable or was open and obvious. Each of these arguments depends heavily on the specific timing of the weather, the condition of the sidewalk, and the type of property involved.

What are the deadlines for bringing a claim?

Snow and ice sidewalk claims are subject to filing deadlines, and the shortest applicable deadline controls. If the property is privately owned, an ordinary civil limitations period applies. If a public entity, such as the City of New York, is or may be involved, claims against that entity carry a separate and much shorter notice requirement that must be satisfied well before the general limitations period would otherwise expire. Missing that earlier notice deadline can bar a claim entirely, even if the broader limitations period has not yet run. Anyone evaluating a potential sidewalk snow or ice claim should identify, as a first step, whether a public entity may be involved, since that determination controls which and how many deadlines apply.

This article is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and how it applies depends on the specific facts. Speak with a lawyer about your own situation.