Personal Injury Liability

Every spring, the same thing happens. The snow melts, the temperatures rise, and New York City’s streets reveal the damage that winter left behind. Potholes. Everywhere.

If you’ve lived in this city long enough, you know how this goes: That stretch of asphalt that was perfectly fine in October is now a crumbling mess by April. Water seeps into tiny cracks during the freeze-thaw cycle, expands, and breaks the pavement apart from the inside out. By the time spring arrives, our streets and sidewalks are riddled with hazards that can turn an ordinary walk, bike ride, or drive into a serious accident.

At Pulvers, Pulvers & Thompson, we’ve been helping injured New Yorkers for more than 80 years. And every spring, we hear from people who never expected a simple trip down the block to result in a broken wrist, a torn ligament, or worse. The injuries are real, the medical bills add up fast, and the question is almost always the same: who is responsible for this?

The Big Question: Who’s Liable for a Pothole Injury?

This is where things get complicated, and it’s exactly why having experienced legal counsel matters. In New York City, responsibility for street and sidewalk maintenance is shared among several parties, depending on where the pothole is located and who was supposed to fix it.

City streets and roadways are generally maintained by the New York City Department of Transportation (DOT). If a pothole forms in the middle of a city-owned road and someone is injured as a result, the city may be liable. However, and this is critical, New York City has what’s known as a “prior written notice” law. This means that in most cases, the city can only be held responsible if it had prior written notice of the dangerous condition and failed to repair it within a reasonable time. In other words, if the pothole was reported and the city didn’t act, that strengthens your claim significantly.

Sidewalks are a different story. In New York City, property owners are generally responsible for maintaining the sidewalk adjacent to their property. That means if a pothole or defect in the sidewalk in front of a building causes you to trip and fall, the building owner or managing entity may be the liable party. This applies to residential buildings, commercial properties, and landlords alike. There are some exceptions for certain owner-occupied residential properties, but the general rule places the burden of sidewalk maintenance on the property owner.

Private roads, parking lots, and commercial driveways fall under the responsibility of whoever owns or manages the property. If you hit a pothole in a grocery store parking lot or trip in the entrance to a private garage, the property owner or management company may be liable for failing to maintain safe conditions.

What Makes These Cases Tricky

Pothole injury claims are not as straightforward as they might seem. Government entities have specific rules and shortened timelines for filing claims. In New York City, you generally have just 90 days to file a Notice of Claim against the city, and the statute of limitations for bringing a lawsuit is typically one year and 90 days from the date of injury. Miss those deadlines, and you may lose your right to pursue compensation entirely.

There’s also the question of proving that the responsible party knew about the hazard. This is where documentation becomes essential, both yours and whatever records exist in the city’s systems. The DOT maintains records of pothole complaints and repair orders. If a pothole was reported weeks or months before your injury and nothing was done, that’s powerful evidence. An experienced attorney can obtain these records and use them to build your case.

How to Protect Yourself After a Pothole Injury

If you’re injured because of a pothole or street defect, what you do in the immediate aftermath can make a real difference in your ability to recover compensation. Here’s what we recommend:

Document the scene. Take photos of the pothole from multiple angles. Include something for scale, like your foot or a water bottle, so the size and depth are clear. Photograph the surrounding area too, including any missing signage, lack of barriers, or poor lighting that contributed to the hazard.

Get medical attention. Even if your injury seems minor at first, see a doctor. Some injuries, particularly soft tissue damage, don’t fully present symptoms for hours or days. A medical record linking your injury to the incident is essential for any future claim.

Report it. File a complaint with NYC 311 or the DOT. This creates an official record that the condition exists. If it was already reported before your injury, that prior complaint becomes key evidence.

Save everything. Keep records of your medical visits, prescriptions, any time missed from work, and expenses related to the injury. These form the foundation of your damages claim.

Talk to an attorney before you talk to an insurance company. If a property owner’s insurance company contacts you, remember that their goal is to minimize what they pay. Having legal representation ensures your rights are protected and that you don’t inadvertently say something that weakens your case.

The Injuries Are More Serious Than People Think

It’s easy to dismiss a pothole as a minor inconvenience, until it isn’t. We’ve represented clients who suffered broken bones, sprained ankles, torn rotator cuffs, knee injuries requiring surgery, and concussions, all from potholes and sidewalk defects. Cyclists face particular danger. Hitting a deep pothole at speed can send a rider over the handlebars, resulting in head injuries, facial fractures, and road rash. Drivers can experience accidents when swerving to avoid a pothole, or suffer back and neck injuries from the jolt of hitting one at speed.

These injuries carry real costs: emergency room visits, physical therapy, lost wages, and sometimes long-term pain that changes your daily life. You shouldn’t have to absorb those costs because someone else failed to maintain a safe street.

More Than 80 Years of Fighting for Injured New Yorkers

At Pulvers, Pulvers & Thompson, we’ve spent more than eight decades representing people in this city who were injured through no fault of their own. We know New York’s roads, we know the laws that govern municipal liability, and we know how to hold the responsible parties accountable, whether that’s the city, a property owner, or a management company.

If you or someone you love has been injured because of a pothole or street defect, don’t wait. The deadlines for filing a claim are strict, and the sooner you act, the better your chances of preserving the evidence you need. Contact our office for a free consultation, and let us help you understand your options. You’ve been walking these streets your whole life. You deserve to do so safely.