In NYC sidewalk injury cases against private owners, an injured pedestrian usually must show the owner created the defect or had actual or constructive notice of it. A crack that photos show existed for months, weathered edges on a raised flag, or a defect visible from the building entrance can all support constructive notice. This standard makes ignorance a weak defense for owners who never inspect their frontage. Walking your sidewalk regularly, photographing its condition, and repairing defects quickly are the practical answers, because what you should have seen counts against you.
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