Winter weather in New York brings snow and ice and significant risks for slip-and-fall accidents. A patch of untreated ice on a sidewalk or parking lot can lead to serious injuries. When property owners fail to uphold their legal responsibilities to maintain safe conditions, accident victims often pay the price. If you’ve been injured on a residential property, a business, or on public property, medical bills and lost wages arising from your injuries can add up quickly. Pursuing a premises liability claim can help you recover compensation for your losses and hold property owners accountable for their negligence.
If you have suffered a serious injury due to icy or snowy conditions, contact Friedman, Levy, Goldfarb, Green & Bagley, P.C. to schedule a free consultation. Your choice of premises liability lawyer plays a pivotal role in establishing the facts of the case and achieving full compensation. Schedule a free consultation today.
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Understanding Premises Liability for Snow and Ice Accidents in NY
Premises liability for snow and ice accidents in New York typically hinges on a property owner’s duty to maintain reasonably safe conditions. This duty involves the timely removal of snow and ice accumulations to prevent hazards to lawful visitors.
However, liability often depends on demonstrating that the owner had actual or constructive notice of the dangerous condition and failed to address it within a reasonable timeframe. New York courts also consider factors such as the severity of the weather, the amount of time elapsed since the snow or ice accumulated, and whether the hazardous condition was obvious and avoidable.
The “storm in progress” concept serves as a common defense, shielding property owners from liability while a storm is actively occurring. This doctrine recognizes that removing snow or ice during ongoing precipitation might be impractical or unsafe. To establish liability, plaintiffs must show that the dangerous condition was caused by prior accumulations or the property owner’s negligence in handling post-storm maintenance. As a result, disputes in snow and ice accident cases often focus on the timing and reasonableness of the property owner’s actions in addressing the hazards.
New York Snow and Ice Removal Laws
Property owners, including landlords and commercial property managers, are responsible for removing snow and ice from sidewalks adjacent to their properties.
Property and business owners must clear the snow as follows:
- If snow ends between 7 am and before 5 pm – snow must be cleared within 4 hours
- If snow ends between 5 pm and before 9 pm – snow must be cleared within 14 hours
- If snow ends between 9 pm and before 7 am – snow must be cleared by 11 am
In addition to clearing snow and ice, property owners must ensure that sidewalks are not obstructed by piles of snow or ice and that a clear path at least four feet wide is maintained. If ice cannot be removed, the law requires that it be treated with salt, sand, or a similar substance to reduce the risk of slipping.
Failure to comply with these regulations can result in fines from the city, and property owners may also face civil liability if someone is injured due to unsafe conditions.
Common Injuries Caused by Snow and Ice Accidents
Some of the most common injuries sustained in icy slip and fall accidents include:
- Fractures and Broken Bones
- Traumatic Brain Injuries (TBIs)
- Back and Spinal Cord Injuries
- Whiplash and Neck Sprain
- Soft Tissue Injuries
- Cuts, Lacerations, and Abrasions
Chronic pain is common and persistent discomfort often limits mobility, making it difficult for victims to perform daily tasks such as walking, driving, cooking, or caring for members of their household. Beyond the physical consequences, the financial burden of medical treatments, physical therapy, and lost wages further compounds the strain on victims and their families.
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Who Can Be Held Responsible for Your Injuries?
Determining who is responsible for your injuries in a snow and ice-related accident often comes down to who had the duty to maintain the property and whether they were aware of hazardous conditions and failed to take appropriate action.
The following parties may be liable:
- Property Owners. Owners of private or commercial properties are generally responsible for maintaining safe conditions on their premises. This includes the timely removal of snow and ice to prevent hazards for lawful visitors.
- Property Managers. If a property owner has hired a management company to oversee the premises, the management company may share liability for failing to address snow and ice hazards.
- Landlords. Landlords may be held liable if a tenant or visitor slips and falls due to hazardous snow or ice on areas they are contractually responsible for maintaining, such as driveways, sidewalks, or common spaces.
- Municipalities. Local governments can be liable if the slip and fall occurs on public property, such as sidewalks or roads, and the municipality failed to fulfill its snow and ice removal duties within a reasonable timeframe.
- Snow Removal Contractors. Companies or individuals hired to clear snow and ice may be held liable if their work was negligent, such as incomplete clearing or improper salting, leading to a hazardous condition.
- Adjacent Property Owners. In New York, property owners are often required to clear public sidewalks adjacent to their property. Failure to do so could result in liability if someone slips and falls on the neglected walkway.
Understanding who may be liable in these cases generally depends on the specific circumstances, including contracts, local ordinances, and whether the responsible party had sufficient notice of the dangerous condition. Liability is not automatic; each case must be assessed based on its specific facts. Multiple parties may share responsibility depending on the situation.
Compensation You May Be Entitled to in a Premises Liability Case
Victims of slip and fall accidents on snow or ice in New York may be entitled to various forms of compensation. Medical expenses, including emergency care, surgeries, physical therapy, and any long-term treatments or medications required due to the accident, are typically covered. Victims can also seek compensation for lost wages, both for time missed at work during recovery and for any future earnings lost due to a diminished capacity to work.
Additionally, compensation for pain and suffering acknowledges the physical discomfort and emotional distress caused by the accident. This includes chronic pain, reduced mobility, anxiety, depression, and an overall diminished quality of life. Each case is unique, and the total compensation depends on the extent of the injuries, the degree of negligence, and the specific circumstances of the accident.
Hiring a Lawyer for Snow and Ice Accident Case
Working with a premises liability lawyer for a slip and fall case in New York City is crucial for several reasons. First, New York premises liability laws are complex, and an experienced lawyer understands the legal requirements for establishing negligence. They can gather the necessary evidence, such as surveillance footage, maintenance records, and witness testimonies, to build a strong case demonstrating that the property owner or responsible party failed to address the hazardous condition.
Additionally, an experienced lawyer is well-versed in navigating the nuances of local laws, including the “storm in progress” defense and other doctrines invoked by property owners to avoid liability. They can effectively counter these arguments and negotiate with insurance companies, which often attempt to minimize payouts.
Moreover, a premises liability lawyer can accurately calculate the full scope of damages, including medical expenses, lost wages, pain and suffering, and future financial losses, ensuring you receive fair compensation. Their experience and advocacy can significantly enhance your chances of a favorable outcome while allowing you to focus on your recovery.
Contact a New York Premises Liability Attorney for Snow and Ice Accidents
Suffering catastrophic harm through no fault of your own seems doubly unfair when considering the financial, emotional, and physical hardships that ensue. By partnering with a Premises Liability Attorney in New York who will fight tirelessly on your behalf, you stand a much better chance of recouping money damages to which you are entitled.
Put our experience, collective talent, and dedication to work for you, and schedule a private consultation with Friedman, Levy, Goldfarb, Green & Bagley today.
