Noteworthy new ruling in Trip and Fall Personal Injury Case
Topic – Homeowner Liability for a Defective Public Sidewalk
Summary of New Decision
In the case of Byrams v Hamilton, __ AD3d __, decided January 29, 2025, the Appellate Division, Second Department, reviewed an appeal from the defendants regarding a personal injury claim brought by the plaintiff. The trip and fall incident occurred on September 10, 2014, presumably somewhere in Brooklyn, when the plaintiff allegedly fell into a hole near the curb cut adjacent to the defendants’ property. The trial court had previously denied the defendants’ motion for summary judgment on April 3, 2017, and again on June 14, 2023, prompting the appeal.
The Appellate Division reversed the lower court’s order, granted the defendants’ renewed motion for summary judgment, and dismissed the case.
The court found that the defendants had established, prima facie, that the property was a one-family residence that was owner occupied, and used exclusively for residential purposes. Therefore, pursuant to section 7-210(b) of the Administrative Code of the City of New York, the defendants were not liable for the dangerous condition on the sidewalk as they did not create it, negligently repair it, or make a “special use” of the sidewalk.
Deeper Dive into the “Special Use” Exception
The “special use” exception in New York law refers to a legal doctrine that imposes liability on an adjoining property owner for injuries occurring on public sidewalks or streets when the property owner has made a “special use” of that public space. Here’s a detailed explanation:
Special Use Defined: A “special use” generally involves the property owner placing or maintaining something on the sidewalk or street for their own benefit. Examples include:
Displaying merchandise for sale.
Installing awnings or signs that extend over the sidewalk.
Placing planters or other decorative elements.
Erecting scaffolding or other structures.
Liability: When a property owner engages in a special use of the sidewalk or street, they are responsible for ensuring that this use does not create hazards. If someone is injured due to conditions directly related to this special use, the property owner can be held liable for negligence, even if the injury occurs on public property.
Legal Basis: This doctrine is based on the principle that if an owner benefits from the use of public space, they should also bear the responsibility for maintaining it safely. New York courts have developed this through case law, like the important case of Kaufman v. Silver, 90 NY2d 204 (1997).
Distinction from General Duty: Without a special use, property owners do not generally have a duty to maintain public sidewalks or to be liable for injuries occurring there. The special use exception is an exception to this rule, creating a duty where one would not typically exist.
Proof of Special Use: To establish liability under this exception, the plaintiff must prove that:
The property owner made a special use of the sidewalk.
The condition causing the injury was related to this special use.
The property owner was negligent in how they managed or maintained this special use.
Why This New Decision is Noteworthy
The appeals court noted that the “special use” exception only applies if the “special use” is ongoing. Plaintiff’s evidence suggesting that a prior owner of the property made a “special use” of the sidewalk was insufficient. “… the defendants had no obligation to repair damage to the sidewalk because they did not continue to derive any special benefit from the use of the sidewalk after they purchased the property.”
The original decision of the appeals court is available here: https://www.nycourts.gov/courts/ad2/Handdowns/2025/Decisions/D75105.pdf
The Google Scholar publication of the decision is available here:
If you are dealing with or interested in a specific legal scenario involving this exception, consulting with a legal professional who practices law in New York would be advisable, as she can provide guidance tailored to the specifics of your case or question.
If you or a member of your family has been hurt in an accident due to the negligence of another person or firm, the experienced personal injury lawyers at Martin + Colin, P.C. may be able to help.
Call us now at (914) 771 7711 and let us apply our expertise to your case.
Bill Martin
I founded Martin+Colin, P.C., a White Plains personal injury firm that has recovered millions of dollars for injured people across New York. Over my career, I've represented clients in some of the most serious accident cases the state sees: construction and demolition worker injuries, workplace accidents, and motor vehicle crashes involving cars, trucks, motorcycles, and pedestrians. My practice also covers premises liability and landlord negligence claims, from slip-and-fall and knockdown injuries to harm caused by broken steps and missing handrails. In every case, my focus is the same: holding negligent parties accountable and making sure injured clients and their families get the full compensation they're owed. My clients work with me because I combine a proven record of results with a straightforward, no-nonsense approach. I explain the process in plain terms, I fight hard for every client, and I treat each case with the attention it deserves. If you've been hurt in an accident, contact me and the team at Martin+Colin, P.C. for a free consultation.
