Property owners in Queens are required to keep walkways safe and free of hazards. When trash piles up or garbage is left where people walk, serious injuries can happen. A single trash bag on a sidewalk, a leaking garbage bin, or a blocked fire exit can cause falls that lead to fractures, back injuries, or head trauma. When these conditions exist because someone failed to maintain their property, an injury claim may be possible.
Common Hazards
Overflowing trash bags on sidewalks are one of the most common hazards in Queens. When bags are stacked outside stores, apartment buildings, or restaurants, they can force pedestrians into narrow or unstable paths. Boxes, loose debris, and improperly stored garbage can also block fire exits or create unexpected obstacles in dimly lit areas.
Slippery leaks from garbage bags are another major danger. Liquids from food waste or cleaning products can spread quickly and are often hard to see. Even a small wet spot can cause someone to slip without warning. Trash bags torn open by animals can scatter debris across a walkway, creating multiple tripping points. These hazards are avoidable when property owners follow proper waste-handling rules.
Who’s Responsible?
Responsibility depends on who controls the area where the injury occurred. Landlords must maintain safe common areas in and around apartment buildings. If shared dumpsters overflow or trash repeatedly blocks walkways, the landlord may be liable. Businesses also have a duty to keep the areas they control safe for customers and pedestrians. A store or restaurant that leaves trash outside too long or piles bags near entrances can be held responsible if someone is hurt.
In some cases, private sanitation contractors may share liability if their workers leave trash scattered, fail to secure bins, or cause spills and walk away without cleaning them. The key question is whether the responsible party acted reasonably and took steps to prevent hazards from developing.
How to Prove Negligence
To bring a successful injury claim, you must show that the property owner or responsible party knew or should have known about the dangerous condition and failed to fix it. Evidence can include photos of the walkway, witness statements, surveillance footage, and incident reports. Medical records that describe how the injury occurred also help support the claim.
Timing matters. If trash had been sitting out for hours or days, it becomes easier to show that the owner had enough time to correct the problem. If the hazard was fresh, a strong history of poor trash management or repeated complaints may help establish negligence.
At Gash & Associates, P.C., we gather evidence quickly and work to show exactly how the unsafe trash conditions developed. Our goal is to prove that the injury was preventable and that the responsible party failed to keep the walkway safe.
FAQ
Is a business responsible for trash blocking a walkway?
Yes. Businesses must keep the areas they control free from hazards.
What if I fell on a sidewalk full of garbage?
You may still have a claim. In many parts of New York, property owners—not the city—are responsible for the sidewalks in front of their buildings.
Can I sue a landlord for poor trash management?
Yes. If overflowing trash or blocked common areas caused your injury, the landlord may be liable.
If you were hurt because of overflowing trash or an obstructed walkway, Gash & Associates, P.C. in White Plains can help. Call (914) 328-8800 to discuss your case.
