Uneven Pavement Injuries In New York with Brett J. Nomberg
Uneven pavement is one of the most dangerous and most overlooked hazards on New York City streets. Every day, pedestrians trip and fall on raised sidewalk slabs, cracked curbs, root-heaved concrete, and poorly patched road surfaces — suffering broken bones, head injuries, and torn ligaments on conditions that property owners and the City had a legal duty to fix. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has spent more than 30 years representing New Yorkers injured on dangerous sidewalks and pavements. This page explains who is liable when uneven pavement causes a fall, what laws govern these claims, and how Brett Nomberg wins against property owners and the City of New York.
New York City paid out a staggering $61.7 million in fiscal year 2023 for sidewalk personal injury claims, with 2,134 claims filed against the City in a single year, according to NYC Comptroller data. [web:237] Nearly 30,000 individuals end up in emergency rooms across New York City each year due to sidewalk falls — most triggered by cracks, raised slabs, and uneven pavement that should have been repaired long before anyone was hurt. [web:239] Tree roots pushing up concrete panels, winter freeze-thaw cycles that widen cracks into gaping gaps, and incomplete utility patching that leaves jagged height differences are among the most common causes of uneven pavement injuries in the five boroughs. [web:237]
Under NYC Administrative Code §7-210, enacted in 2003, the owner of commercial and multi-family residential property must maintain the sidewalk abutting their building in a reasonably safe condition — and is directly liable when a defect on that sidewalk causes injury. [web:239] This duty is non-delegable: owners cannot escape liability by blaming tenants, management companies, or prior contractors. [web:239] When the City itself owns the abutting property, the City bears liability — but only if it had prior written notice of the defect under NYC Administrative Code §7-201(c), or if the City affirmatively created the dangerous condition. Claims against the City of New York require a Notice of Claim within 90 days under General Municipal Law §50-e. [web:233] Private claims for uneven pavement injuries must be filed within three years under CPLR §214.
Why Uneven Pavement Cases Are Harder Than They Look
A trip and fall on uneven pavement sounds straightforward — but New York courts have developed a complex web of rules that determine whether a claim survives or gets dismissed. Property owners defend themselves by arguing the defect was “trivial” — too small to be considered legally hazardous. The City defends itself by claiming it never received written notice of the uneven pavement. Insurers argue the injured person was not watching where they were walking. Brett Nomberg has seen every defense, and he builds cases specifically to defeat each one. He gathers prior 311 complaint records that prove the City had notice, photographs that document the exact height differential of the uneven pavement, witness statements, and expert testimony on the dangerous nature of the specific defect. Visit his verdicts and settlements page to see how this approach produces real results for injured clients.
New York courts have generally rejected the “trivial defect” defense when a height differential of one inch or more exists, though courts evaluate the totality of conditions including the location, visibility, and surrounding circumstances. [web:229] Prior 311 complaints about the same uneven pavement establish that the City or property owner had prior written notice. DOT inspection records, DEP repaving histories, and prior claims filed for the same block are all discoverable and can prove a pattern of neglect. Brett Nomberg pursues every document that ties actual or constructive knowledge of the dangerous uneven pavement to the responsible party.
Who Is Liable for Uneven Pavement Injuries in New York
| Responsible Party | When They Are Liable | Governing Law | Key Deadlines |
|---|---|---|---|
| Adjacent commercial or multi-family property owner | When uneven pavement or defect exists on the sidewalk abutting their property and they knew or should have known about it | NYC Administrative Code §7-210; common law premises liability | 3 years to file suit under CPLR §214 |
| City of New York | When the City owns the abutting property, or when the City affirmatively created the defect, or when prior written notice of the uneven pavement was provided under §7-201(c) | NYC Administrative Code §7-201(c); GML §50-e | Notice of Claim within 90 days; lawsuit within 1 year 90 days |
| Owner of 1-3 family residential building (owner-occupied) | Exempted from §7-210 — but still subject to common law negligence if they created the condition or had specific knowledge of it | NYC Admin Code §7-210 exemption; common law | 3 years to file suit under CPLR §214 |
| Business controlling the sidewalk area | When a business undertook maintenance of the sidewalk, installed a hatch, grating, or cellar door, or contractually assumed responsibility for the pavement | Common law premises liability; Espinal v. Melville Snow Contractors | 3 years to file suit under CPLR §214 |
| Contractor who performed defective repairs | When a prior contractor negligently repaired the pavement, left an uneven patch, or performed work that created the hazardous condition | Common law negligence; Labor Law §200 | 3 years to file suit under CPLR §214 |
| NYC MTA or other public authority | When uneven pavement exists adjacent to subway entrances, bus stops, or infrastructure controlled by a public authority | GML §50-e (90-day Notice of Claim); public authority law | Notice of Claim within 90 days; lawsuit within 1 year 90 days |
Common Causes of Uneven Pavement in New York City
New York’s aging infrastructure and dense urban environment create persistent uneven pavement hazards across all five boroughs. The following are the most frequently documented causes seen in trip and fall injury cases:
- Tree root uplift — Tree roots growing beneath sidewalk panels push up concrete slabs, creating abrupt height differentials that are especially dangerous in low-light conditions. This is the single most common cause of uneven pavement claims citywide [web:237]
- Freeze-thaw cycle cracking — Winter temperature cycling causes water in existing cracks to expand, widening fractures into tripping hazards and enlarging height differentials season by season [web:237]
- Improper utility repair patching — Con Edison, DEP, and other utilities frequently cut through and repatch sidewalk and roadway pavement; incomplete or improperly cured patches create raised edges and sunken voids that constitute uneven pavement [web:240]
- Soil settlement and erosion — Subsurface soil shifting causes concrete slabs to sink unevenly, creating lips and ridges between panels [web:240]
- Deferred municipal maintenance — NYC’s backlog of DOT sidewalk repair requests means reported uneven pavement conditions may go unrepaired for months or years after 311 complaints are filed [web:237]
- Improper original installation — Sidewalk slabs installed without proper base preparation or with inadequate joint spacing are more susceptible to heaving and misalignment over time [web:240]
- Construction site damage — Heavy equipment traversing sidewalks during adjacent construction projects causes cracking, sinking, and misalignment of pavement panels — implicating both the property owner and the general contractor
Injuries Caused by Uneven Pavement in New York
A trip on uneven pavement — even a single raised slab — can cause injuries as severe as those in a vehicle crash. The sudden, uncontrolled nature of a trip and fall means victims land with full body weight on hard concrete, often with no time to brace. Injuries sustained in uneven pavement accidents frequently include:
- Hip fractures — especially in older adults; often require surgical repair and prolonged rehabilitation; see slip and fall injury practice page
- Wrist and forearm fractures — from instinctively extending the arms to break the fall (FOOSH — Fall On OutStretched Hand injuries)
- Knee injuries — torn ligaments (ACL, MCL), meniscus tears, and patellar fractures from impact with the pavement
- Traumatic brain injury (TBI) — when the head strikes the pavement; see brain injury practice page
- Spinal cord injuries — disc herniation, nerve damage, and in severe falls, partial or complete paralysis; see spinal cord injury page
- Shoulder injuries — rotator cuff tears, labral damage, and dislocations from landing on an extended arm
- Facial fractures and lacerations — from direct face-down impact with uneven pavement surface
- Wrongful death — in older adults and vulnerable pedestrians, a fall from uneven pavement can be fatal; see wrongful death practice page
The Prior Written Notice Trap — and How to Defeat It
When an uneven pavement injury involves City-owned property, the City’s first defense is almost always the same: “We never received written notice of the defect.” Under NYC Administrative Code §7-201(c), the City of New York cannot be held liable for uneven pavement on public sidewalks unless it received prior written notice of the specific hazard — or unless the City affirmatively created the dangerous condition through its own work. This prior written notice requirement is a major obstacle in cases against the City — but it is not insurmountable. [web:233]
Brett Nomberg defeats the prior written notice defense through systematic evidence gathering: pulling 311 complaint histories tied to the specific block face, subpoenaing DOT records showing inspection results and deferred repair lists, obtaining DEP work permit records that document any utility excavations at the location, and researching prior lawsuits filed for falls at the same location. A pattern of prior complaints about uneven pavement at a specific address establishes that the City had constructive — or actual — written notice long before the accident. Brett also investigates whether the City or a City contractor affirmatively created the defect through prior roadwork, an exception that eliminates the prior notice requirement entirely.
Proving Your Uneven Pavement Case: What Evidence Wins
| Evidence Type | Why It Matters | How to Preserve It |
|---|---|---|
| Photographs of the uneven pavement defect taken at the scene | Proves the exact height differential and nature of the defect; most valuable evidence in any pavement case | Photograph immediately after the fall and return within days — pavement gets repaired quickly after a reported injury |
| NYC 311 complaint records for that address | Establishes prior written notice to the City or property owner; proves the hazard was known and unremedied | Request through 311 online portal or via FOIL request; Brett Nomberg’s team handles all FOIL requests |
| NYC DOT inspection and repair records | Shows whether the defect appeared on DOT’s inspection list and was deferred for repair — direct evidence of notice | Subpoenaed in litigation; FOIL prior to filing |
| Witness statements | Witnesses who saw the fall or who regularly walk that block confirm the condition existed for an extended period | Collect names and contact information at the scene; neighbors and local businesses often have observed the uneven pavement for months |
| Medical records — emergency room and follow-up | Tie injuries directly to the fall and rule out alternative causes; essential for establishing serious injury | Seek same-day emergency care; report the fall as the cause precisely in all medical records |
| Expert engineering testimony | A licensed engineer can measure the height differential, identify the cause of the uneven pavement, and testify that it constituted a dangerous condition under applicable safety standards | Brett Nomberg retains expert engineers in major pavement cases |
| Prior lawsuits at the same location | Proves the responsible party had actual notice of a recurring uneven pavement hazard | Researched through court records; discoverable in litigation through interrogatories |
| Utility permit and DEP/ConEd work records | If uneven pavement was caused by prior utility work, identifies the contractor and establishes the affirmative creation exception | Subpoenaed in litigation; available via FOIL |
Filing a Claim Against the City for Uneven Pavement
Bringing an uneven pavement injury claim against the City of New York involves mandatory procedural steps that differ significantly from private property owner claims. Missing any deadline permanently bars your claim:
- File a Notice of Claim within 90 days. Under General Municipal Law §50-e, a written Notice of Claim must be served on the NYC Comptroller’s office within 90 days of the accident. The notice must describe the location of the uneven pavement, the nature of your injuries, and the basis of the City’s liability. Late filing requires court permission and is rarely granted. Brett Nomberg files this notice immediately after being retained.
- Attend a 50-h examination. After filing the Notice of Claim, the City has the right under GML §50-h to conduct an examination under oath (similar to a deposition) before a lawsuit is filed. This is a formal proceeding — having Brett Nomberg’s preparation is essential.
- File the lawsuit within 1 year and 90 days. Claims against the City of New York must be filed within one year and 90 days of the accident under GML §50-i — a shorter period than the three-year statute of limitations that applies to private defendants.
- Prove prior written notice of the uneven pavement. To hold the City liable, you must prove it received prior written notice of the specific defect, or that the City affirmatively created it. Brett Nomberg builds this record through FOIL requests, 311 data, and DOT inspection records before the lawsuit is filed.
What to Do Immediately After an Uneven Pavement Fall
- Photograph the uneven pavement defect immediately. Before leaving the scene, photograph the specific uneven pavement condition from multiple angles — showing the height differential, surrounding conditions, and exact location. Do not just photograph your injury. The defect disappears when the City repairs it after a reported fall, often within days.
- Return to photograph the scene within 24–48 hours. A second visit with a ruler or coin for scale provides measurable documentation of the uneven pavement height differential before any repairs are made.
- Note the exact location. Record the street address, the nearest cross street, and any nearby building numbers. For a NYC pavement claim, the precise location is required in the Notice of Claim.
- Collect witness contact information. Anyone who saw the fall or who regularly uses that sidewalk can confirm the condition existed. Get full names and phone numbers.
- Seek same-day emergency medical care. Hip fractures, TBI, and spinal injuries from uneven pavement falls may not present immediate symptoms. Same-day medical records tie your injuries to the fall and establish the severity of your condition.
- Do not report the fall to any property owner’s insurer without legal advice. Early recorded statements about your fall over uneven pavement are used to minimize your claim. Do not give a statement until you speak with Brett Nomberg.
- Call Brett Nomberg immediately. The 90-day Notice of Claim deadline for City claims is absolute. Evidence of the uneven pavement condition deteriorates. The sooner Brett is involved, the stronger your case.
Frequently Asked Questions About Uneven Pavement Injuries in New York
| Question | Answer |
|---|---|
| How do I know who is responsible for the uneven pavement where I fell? | In most cases, the owner of the property abutting the sidewalk where the uneven pavement exists is responsible under NYC Administrative Code §7-210. If the City owns the abutting property, or if the City created the defect, the City may be liable. Brett Nomberg identifies all responsible parties from the first call. |
| Does the City get away with uneven pavement injuries by claiming no notice? | Not always. The prior written notice defense can be defeated if 311 complaints were filed for that location, if DOT inspection records show the defect was identified and deferred, or if prior utility or road work by a City contractor created the uneven pavement condition. |
| How big does the uneven pavement defect have to be to file a claim? | New York courts have generally declined to dismiss pavement injury cases where the height differential is one inch or more, though courts evaluate the totality of the specific conditions. A defect smaller than one inch may still support a claim if surrounding conditions — shadows, high foot traffic, or nearby hazards — made it unreasonably dangerous. |
| What if I was partly at fault for not watching where I was walking? | New York’s comparative negligence rule under CPLR §1411 allows recovery even if you were partly at fault. Your damages are reduced by your percentage of fault — but not eliminated. Walking normally while not looking down at every step does not make you responsible for an owner’s failure to repair uneven pavement. |
| What is the deadline to file a claim against a private property owner for uneven pavement? | Three years from the date of the accident under CPLR §214. Do not wait — evidence of the uneven pavement condition disappears when repairs are made, and witnesses become harder to locate with every passing month. |
| What if I tripped on uneven pavement caused by a tree root near the street? | Tree root uplift is one of the most common causes of uneven pavement injuries in NYC. Liability depends on who owns the tree and who controls the sidewalk. NYC Parks Department trees can implicate the City; privately planted trees may implicate the abutting property owner. Brett Nomberg identifies the responsible party for every tree root case. |
| Can I sue a private homeowner for uneven pavement in front of their house? | Owners of one-, two-, and three-family residential buildings used exclusively for residential purposes are exempt from §7-210 sidewalk liability. However, if the homeowner created the uneven pavement condition or had direct knowledge of it, common law negligence may still apply. |
| What if a contractor recently repaired the pavement and their work is what caused my fall? | A contractor who negligently repaired pavement, left an uneven patch, or created a height differential through their work may be directly liable. Brett Nomberg subpoenas DEP, DOT, and utility work permit records to identify who performed the most recent work on the pavement where you fell. |
| How much can I recover for an uneven pavement injury in New York? | Compensation depends on your injury severity, lost wages, medical costs, and the impact on your daily life. New York City paid $61.7 million in sidewalk injury claims in FY2023 alone. Serious injuries — hip fractures, TBI, spinal cord damage — regularly support six- and seven-figure recoveries when properly documented and aggressively litigated by an experienced attorney. |
About Brett J. Nomberg
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, including hundreds of trip and fall cases involving uneven pavement, cracked sidewalks, and defective public surfaces across all five boroughs. He personally handles every case — clients always speak directly with Brett. He is available 24 hours a day, 7 days a week, because injuries from uneven pavement do not follow business hours. His record includes a $4.5 million verdict for a brain injury, $3.9 million in a case where evidence was concealed, $1.7 million where a surveillance tape was hidden, and $1.4 million for a Queens slip and fall on ice. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins. Learn more at his attorney profile page. He also handles all categories of slip and fall injuries, traumatic brain injuries, and wrongful death cases arising from falls on dangerous surfaces.
Uneven Pavement Took You Down. Brett Nomberg Will Make the Responsible Party Pay.
Whether you tripped on uneven pavement in front of a commercial building, on a City-owned sidewalk, or on a poorly patched utility repair, you have legal rights — and strict deadlines that begin running the day of the accident. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us through our online contact page. There is no fee unless we win.
