New York is known for its brutally cold winters. While the snow-filled streets and sidewalks look beautiful, they also create unsafe conditions for pedestrians and lead to slip and fall accidents. Property owners in New York are required to clear ice and snow from their property – including adjoining sidewalks and parking lots – in a timely manner.
If a property owner fails in their duty to keep their premises in a relatively safe condition, and if their failure leads to a slip and fall accident, the victim can sue them and demand compensation for their injuries and other losses.
New York is known for its brutally cold winters. While the snow-filled streets and sidewalks look beautiful, they also create unsafe conditions for pedestrians and lead to slip and fall accidents. Property owners in New York are required to clear ice and snow from their property – including adjoining sidewalks and parking lots – in a timely manner.
If a property owner fails in their duty to keep their premises in a relatively safe condition, and if their failure leads to a slip and fall accident, the victim can sue them and demand compensation for their injuries and other losses.
New York Law on Ice and Snow Removal
According to Section 16-123 of the New York City Administration Code (NYCAC), property owners have a duty to clear ice and snow from the sidewalk adjoining their property within a span of four hours after the snow stops falling.
For example, if the snow stops falling at 1 PM, the owner is required to clear the sidewalk before 5 pm. The same rule also applies to dirt and other materials that tend to accumulate on sidewalks. In addition to sidewalks adjoining their property, the owner is also required to clear ice and snow from the following areas.
- Front steps
- Entrance
- Pathways that lead into the property from adjoining sidewalks
- Floors
- Stairwells
- Parking lots
It should be noted that the four-hour rule regarding ice and snow removal is applicable only during the day. It is not applicable between 9 pm and 7 am. Similarly, in the event of an ongoing storm, the owner is required to clear ice, snow, and other accumulated debris from their property only after the storm ends.
Also, the responsibility for clearing ice and snow from the property and the adjoining sidewalks is not limited to the owner of the property alone. For instance, if the property has been leased or rented out, the tenant or the lessee is responsible for clearing ice and snow from the property.
Section 16-123 of the NYCAC also states that if the snow or ice which is accumulated on the sidewalk is frozen solid, and if the owner believes that it cannot be cleared without damaging the sidewalk, they can cover the surface with sand, sawdust, ash, or any other material to make it less slippery. They are, however, required to clear the accumulated ice and snow as soon as the weather conditions improve.
Injuries Resulting from Snow and Ice-Related Slip and Fall Accidents
- Sprains and strains
- Dislocations
- Tendon and ligament tears
- Fractures
- Contusions
- Concussions
- Slipped or herniated discs
- Traumatic brain injuries
When you suffer injuries in a slip and fall accident on snow or ice-covered surface, you might suffer minor injuries or serious injuries – depending on the way you fall. For instance, if you stretch out your hand and try to break the fall, you might end up injuring your fingers, wrists, elbows, or shoulders. If you, on the other hand, fall flat on your back and smack the back of your head against the pavement, you might end up with a concussion or a traumatic brain injury.
Determining Liability in Snow and Ice-Related Slip and Fall Accidents in New York
Generally, the person who owns the property is responsible for maintaining it in a reasonably safe condition. However, if the property has been leased or rented out, the tenant is responsible for maintaining it in a reasonably safe condition.
In some cases, the property manager might be the person who is responsible for cleaning and maintaining the property in a safe condition. In some other cases, the property owner might hire an independent contractor to clear ice and snow from their property and to clean it on a regular basis. In such cases, depending on the contract they signed, the contractor might be the person responsible for maintaining the property in a reasonably safe condition.
If you slip and fall on a sidewalk which is owned by the City of New York, the abutting property owner – the person whose residence or business adjoins the sidewalk – can be held liable for your injuries. In some cases, the governmental agency responsible for cleaning the sidewalk can be held liable for your injuries.
Remember – The State of New York follows the doctrine of pure comparative negligence, which means you are eligible to receive compensation for your injuries even if your own negligence contributed to the accident. The amount of compensation awarded to you, however, will be reduced depending on your own degree of liability.
Key Elements of a Slip and Fall Injury Case
In order to win a slip and fall injury case in New York, you must prove the following things.
- The defendant had a duty to maintain the property in a reasonably safe condition.
- They failed or were negligent in their duty.
- You were harmed as a result of their negligence.
Remember – the property owner – or the person who is in charge of cleaning and maintaining the property – cannot be held responsible for every slip and fall accident that takes place on the property. They can be held liable only under the following circumstances.
- They knew about the snow or ice-related hazard on their property (actual notice) or should have known about it (constructive notice) and failed to clean it up within the stipulated time limit.
- They failed to take any step to make the surface less slippery – covering the surface with ash, sawdust, sand, and so on (in case they were unable to clean up the hazard due to adverse weather conditions).
- They did not warn you about the snow or ice-related hazard on their property.
Steps to Take after a Slip and Fall Accident
- Take as many pictures as you can of the snow or ice-related hazard that caused you to fall. Photographic evidence can go a long way in proving the property owner’s negligence.
- Contact the owner or the person in charge of the property and inform them that you have been injured in a slip and fall accident. Do not question them or confront them regarding the condition of the property, as it might not only escalate the situation but also prevent you from getting medical help in a timely manner.
- Call an ambulance and get to the nearest hospital or healthcare center for a complete checkup. Do not drive to the hospital, even if you think you are completely fine. Due to the overflow of adrenaline in your body, you might feel any pain or discomfort even if you are injured. If your condition worsens when you are at the wheel, there is no telling what could happen. So, call an ambulance as soon as you can after the accident.
- Ask your loved ones to take pictures and shoot videos of your injuries during the course of your treatment.
- Preserve the clothes and the footwear you were wearing at the time of the accident.
- Contact an experienced New York slip and fall accident attorney who specializes in premises liability claims.
How the Slip and Fall Accident Attorneys at RMFW Law Firm Can Help You
At Rosenberg, Minc, Falkoff & Wolff, LLP, we know what it takes to win a slip and fall accident case in New York. Our personal injury attorneys have the legal knowledge, trial experience, and resources to win even the most complicated of slip and fall accident cases.
Here is how we can help you in snow or ice-related slip and fall accident.
- We will conduct a detailed investigation of our own to determine the cause of the accident, the parties that can be held liable, and the amount of compensation that can be recovered from the liable parties.
- We will communicate with the representatives of the insurance company so that you are not bothered by anyone while you are recuperating.
- We will gather the evidence needed to ascertain the at-fault party’s degree of liability accurately and make sure they do not escape liability by blaming you for the accident.
- We will calculate the losses you suffered – and the losses you stand to suffer in the future – due to your injuries and demand the maximum amount of compensation permissible under the law from the liable party.
- If the at-fault party’s insurance company is reluctant to settle the case, we will try to recover compensation from them through litigation.
Over the last 98 years, we have represented thousands of injured New Yorkers and their families and have recovered over $1 billion in compensatory damages, including several multi-million dollar injury settlements. We work on a contingency basis, which means you do not have to pay us a cent unless we recover compensation for you.
If you have been injured or if you have lost someone in your family in snow or ice-related slip and fall accident, we can help you. Call our law firm today at 1800-660-2264 for a free evaluation of your case.
