Who Is Responsible for Snow and Ice Fall Accidents in New York?
In New York, the winter can be very beautiful, with snow blanketing parks, streets, and rooftops. However, slippery surfaces can create dangerous conditions. Every year, thousands of people, both visitors and residents, are involved in snow and ice-related slip and fall accidents. These accidents can result in several injuries, ranging from minor bruises to severe fractures and head injuries.
If you have been injured in a slip and fall accident in New York due to snow or ice and you are considering a personal injury claim, it is crucial that you understand who is legally responsible for such accidents. Below, we explain who is responsible for snow and ice slip and fall accidents in New York.
Premises Liability Basics in New York
In New York, slip and fall accident claims, including those involving snow and ice, fall under premises liability. This legal doctrine holds property owners, landlords, occupiers, and other parties in control of a property responsible for injuries sustained by others on their property due to unsafe conditions. In other words, under this legal principle, property owners are legally obligated to maintain safe premises for visitors. Failure to do so can result in legal liability if someone gets hurt.
To succeed in a premises liability claim, you generally have to prove the following;
- The defendant had a legal obligation to maintain safe premises
- The defendant failed to maintain safe premises
- The failure caused your injuries
- You suffered actual damages, such as medical expenses and lost income
Property owners are also legally obligated to warn visitors about known dangers they can’t reasonably be expected to discover themselves.
Liability in New York Snow and Ice Fall Accidents
According to NYC’s snow removal laws, property owners, including owners of residential, commercial, and industrial properties, have the responsibility of removing snow and ice from sidewalks within a specific time frame as detailed below;
- 4 hours when snowfall ends between 7 a.m. and 4:49 p.m.
- 14 hours when snowfall ends after 5 p.m. but before 8:59 p.m.
- By 11 a.m. the next day, when snow stops falling between 9 p.m. and 6:59 a.m.
In New York City, property owners are generally liable for slip and fall accidents caused by snow and ice if they fail to take reasonable steps to maintain safe premises.
However, it is vital to note that under the “Storm in Progress” doctrine, property owners are not obligated to clear snow or ice while a storm is ongoing. So if you suffered an injury while a storm was ongoing, it may pose a significant hurdle for you.
While in most cases, property owners are liable in snow and ice fall accident cases, there are times when the City may be liable. For example, if you slipped and fell near a government building or subway entrance, the City may be liable if poor maintenance was the cause of your accident. However, bringing a case against the City can be complex. That is why it is crucial to work with an attorney.
Additionally, in some cases, a third party, such as a snow removal company, may be at fault. For instance, if a business hired a company to clear snow and the company did poor work, they could share liability for your injuries.
Contact a Long Island Slip & Fall Lawyer
If you’ve been injured in a slip and fall accident caused by snow or ice, contact a Long Island slip & fall lawyer at Jacobson Law for legal help.
Source:
nysba.org/storm-in-progress-the-best-defense-you-never-heard-of/
