After a sidewalk fall, the important question is often very specific: what caught your foot, and where was it? A photograph of the block may help identify the location, but it may not show the raised edge, broken concrete, or metal frame that caused the fall.
Medical care comes first. If you are able to preserve information safely—or someone can help you—these steps can make the condition and the circumstances easier to investigate.
Identify the exact location and the point of contact.
Write down the street address, the nearest storefront or entrance, and the approximate location of the defect. Was it close to the building, near the curb, beside a tree, or around a cellar door? Identify the particular slab, edge, hole, or frame involved, rather than simply describing the whole sidewalk as uneven.
Record what you actually remember. Which foot caught? Were you walking toward or away from the building entrance? Did your foot strike a raised edge or enter a depression? If you do not know a detail, say so rather than guessing.
Photograph the defect from several distances.
- A wider view: show the building, address, storefront, and surrounding sidewalk.
- A middle-distance view: show the walking path and the defect's position along it.
- A close view from the side: show the edge or height difference, not only the top surface.
- A clear sense of scale: if safe and practical, include a ruler or other identifiable reference close to the defect without covering it.
Save the original image and video files. Keep their dates and other available information, and retain an unedited copy before adding arrows, cropping, or making a screenshot.
Do not judge the case by a single measurement.
A small height difference does not automatically establish or defeat a claim. New York courts consider the condition and the surrounding circumstances. In Hutchinson v. Sheridan Hill House Corp., the Court of Appeals explained that size alone does not decide whether a defect is legally trivial.
Measurements and useful photographs still matter. The Second Department's decision in Snyder v. AFCO Avports Management, LLC illustrates why a photograph that does not reveal a defect's dimensions can leave important questions unanswered. You should not put yourself at risk trying to measure a dangerous location; discuss an inspection with an attorney.
Preserve video, witness information, and reports.
Note nearby stores, residential entrances, doorbell cameras, or other possible camera locations. Save witness names and contact details. Tell your attorney promptly about potential recordings so appropriate preservation requests can be considered before footage is overwritten.
Keep any incident-report information, ambulance paperwork, photographs of visible injuries, and the shoes you were wearing. Record the date, approximate time, lighting, weather, and any obstruction you actually observed.
Who may be responsible for a Brooklyn sidewalk defect?
Responsibility requires investigation. NYC DOT explains that property owners may be liable for injuries caused by a failure to maintain reasonably safe sidewalks. The property type, applicable exceptions, the precise location, and the involvement of other parties can change the analysis. A fall beside a building does not by itself establish that its owner is liable.
Read more about Deliso Law's sidewalk trip-and-fall practice. Structural conditions such as raised concrete or a cellar-door frame should be described accurately; snow, ice, or another slipping condition may raise different issues.
Act promptly, even if you do not have every document.
Repairs, changing conditions, and overwritten video can make an investigation harder. Claims involving the City or another public entity may also have short notice requirements. The NYC Comptroller's claim guidance describes the general 90-day notice-of-claim requirement for tort claims against the City; other requirements and exceptions need individual review.
Do not return to an unsafe location, alter the condition, or recreate the fall. If someone safely photographs the site later, record when the images were taken and whether the condition appears to have changed.
Discuss a sidewalk fall with Deliso Law.
Joseph Deliso has represented injured people in New York for more than forty years. The firm reviews the precise defect, how it contributed to the fall, available notice evidence, and the resulting injuries. We serve Brooklyn and the other New York City boroughs, as well as Nassau and Suffolk counties.
You can start with the address, the date, a description of what happened, and any photographs you already have. Call 718-238-3100 or request a free case review. Fees and expenses are explained in the retainer agreement.
Attorney Advertising. This article provides general information, not legal advice for an individual case. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.