$80,000 Sidewalk Trip and Fall Settlement
In July of 2024, our client tripped and fell on a defective sidewalk in Cedarhurst, New York. Their main injury was a fractured left wrist. Our firm diligently pursued all avenues of recovery for our client, including extensive litigation. In June of 2026, the case ended when the insurance company for the homeowner abutting the sidewalk agreed to pay $80.000 (eighty thousand dollars) to settle the case.
Accident Background
On July 1, 2024, at approximately 3:00 p.m., our client was walking along a public sidewalk in Cedarhurst, New York, abutting a privately owned property, when they tripped and fell. The sidewalk was defective, with one part protruding upwards, creating hazardous conditions for pedestrians.
Because the accident occurred on a public sidewalk next to private property, our firm named two defendants in the lawsuit the owners of the adjacent property, who are ultimately responsible for sidewalk conditions under and the Village of Cedarhurst, who may share responsibility for sidewalk conditions
Plaintiff's Injuries
As a result of the fall, our client sustained a fracture to the left wrist and various other soft tissue injuries. The injuries required medical treatment and resulted in an extended period of incapacity from usual daily activities, as well as an inability to work for a period of time. Our client also incurred medical expenses related to the treatment of the injury.
Key Legal Issues
Sidewalk trip and fall cases often involve more than one potentially responsible party. Municipalities like villages and cities generally own the public sidewalks within their limits, but many municipalities have local laws, often called Village or City Codes, that shift day-to-day maintenance and repair responsibility for sidewalks onto the owners of the property the sidewalk runs alongside.
New York law also gives municipalities an important protection called the prior written notice requirement. Under this rule, a village, city, or town generally cannot be held liable for a defective sidewalk, road, or similar condition unless it can be shown that the municipality received actual written notice of that specific defect before the accident, or that the municipality itself created the dangerous condition. This requirement exists to give municipalities a fair opportunity to learn about and repair hazards before being sued over them.
At the same time, private property owners still owe a separate duty. If a property owner's code or local law makes them responsible for the sidewalk in front of their property, or if the owner actually created the hazardous condition, made a negligent repair, or put the sidewalk to a "special use" benefiting their own property, they can be held liable for injuries the defect causes, independent of whether the municipality is found liable.
Village of Cedarhurst Dismissal
After the lawsuit was filed, the Village of Cedarhurst moved for summary judgment, seeking to be dismissed from the case entirely. In support of its motion, the Village submitted the pleadings, a transcript from a General Municipal Law § 50-h hearing, photographs of the accident location, and an affidavit from the Village Clerk/Treasurer.
In that affidavit, the Village Clerk/Treasurer stated that the Village had no record of ever receiving prior written notice of the specific sidewalk defect our client alleged caused the fall. The affidavit also confirmed that the Village Code placed responsibility for sidewalk maintenance on the owners of the abutting property, not on the Village itself. Because our client's claims against the Village were unopposed on this particular motion, the court granted the Village's motion for summary judgment and dismissed all claims against it, leaving the case to proceed against the property owners.
Claims Against Property Owners
With the Village out of the case, our client's claims continued against the owners of the property adjacent to the sidewalk. Our client alleged that the property owners failed to properly maintain the sidewalk and permitted dangerous conditions to exist.
The property owners acknowledged that they owned the property but denied creating the alleged defect, denied having notice of any dangerous condition, and denied owing or breaching any legal duty to our client. They also argued that any condition present was open and obvious and/or trivial in nature, and they raised comparative negligence and other affirmative defenses, as is common in these types of cases.
Settlement Result
With the Village already out of the case, the claims against the property owners were resolved for $80,000 before the matter went to trial, allowing our client to secure compensation without the added time, expense, and uncertainty of a trial.
Contact Sternberg Injury Law Firm
If you or someone you know has been injured in a slip and fall, trip and fall, or other premises liability accident, the Sternberg Injury Law Firm is here to help. As this case shows, more than one party can be responsible for a hazardous property condition, and we offer free consultations to help identify who that may be in your situation. Contact us at your convenience. There is no fee unless we win your case.