What Evidence Do You Need for a Snow or Ice Slip and Fall Case in New York?

Winter weather in New York can create hazardous conditions on sidewalks, parking lots, driveways, and inside buildings. Snow and ice can pose a significant risk of slip-and-fall accidents. If you’ve been hurt after slipping on snow or ice in New York, you may be eligible for compensation. However, proving who is at fault after a snow or ice slip and fall accident isn’t always straightforward. To prove your case and recover compensation, you need strong evidence.

Below are some of the key types of evidence you need for a snow or ice slip and fall case in New York.

1.    Photos and Videos of the Accident Scene

Among the strongest pieces of evidence for a snow or ice slip and fall accident is photos or videos taken right after the accident. Snow or ice can melt or be cleared shortly after a slip-and-fall accident. Therefore, it is crucial to capture the conditions as soon as you can.

After a snow or ice slip and fall accident, and if your condition allows you, take clear pictures or videos of:

• The exact spot where you slipped and fell
• Any visible snow accumulation, ice patches, or puddles
• The surrounding areas. To provide context and show the general condition of the location
• Lack of warning signs
• Lighting conditions
• Other potential hazards, such as uneven surfaces or broken pavement

If you are unable to take photos or videos yourself, ask someone to help you document the scene. You can even ask a bystander.

2.    Incident Report

Immediately after your accident, notify the business or property owner or manager. Request that your accident be recorded in their accident log (if they have one) and request a copy of the report. Even if the business or property doesn’t accept responsibility right away, having the incident on record is vital for any legal claim you pursue later.

3.    Witness Statements

Witness statements can be helpful if there is any dispute about the circumstances that led to your accident. Witnesses can help prove that the property owner failed to clear snow or ice promptly or ignored dangerous conditions.

4.    Surveillance Footage

Many properties in New York have security cameras. If your fall happened in an area with surveillance cameras, video footage can reveal crucial details, such as how long the danger was present before your accident.

5.    Maintenance Records

Inquire about the property’s maintenance logs for snow and ice removal. These records, which can be obtained through discovery with the help of an attorney, can show whether proper snow or ice removal procedures were followed.

In New York, there are strict snow and ice removal laws. If snowfall ends between 7 a.m. and 4:49 p.m., property owners have 4 hours to clear it. If snow stops falling after 5 p.m. but before 8:59 p.m., property owners have 14 hours to clear it. If snowfall ends between 9 p.m. and 6:59 a.m., property owners must clear it by 11 a.m. the following day.

6.    Weather Reports

Weather reports can help establish when the snow or ice formed. For instance, if several hours passed after a storm ended and the snow or ice hadn’t been cleared, that can support your negligence claim.

Contact a Long Island Slip & Fall Lawyer

If you’ve been injured in a snow or ice slip and fall accident in New York, contact a skilled Long Island slip & fall lawyer at Jacobson Law for legal help.

Source:

nyc.gov/assets/dsny/docs/about_snow-removal-responsibilities_0815.pdf