Table of Contents
- Understanding Liability for Snow and Ice Slip and Fall Accidents in New York
- Who May Be Liable for a Snow or Ice Accident in New York?
- Common Causes of Snow and Ice Slip and Fall Accidents in New York
- What To Do After a Slip and Fall on Snow or Ice
- What Compensation Can You Recover for Injuries From Slip and Falls on Ice or Snow?
- Why Hire Lever & Ecker To Represent You After a Slip and Fall on Snow and Ice in New York
- New York Snow and Ice Slip and Fall FAQs
Understanding Liability for Snow and Ice Slip and Fall Accidents in New York
Under New York law, property owners and managers must keep walkways, stairs, and entrances reasonably safe during winter weather. Liability for a slip and fall often depends on whether the property owner, business, or manager knew or should have known about a dangerous condition and failed to take timely action to fix it, such as clearing or salting the area.
Additional rules apply when a slip and fall happens on government-owned property or city-managed sidewalks. The time limit to file a claim is much shorter than for residential or commercial properties. Working with an experienced New York slip and fall attorney can help ensure your claim is filed correctly and within the legal deadlines.
Who May Be Liable for a Snow or Ice Accident in New York?
In New York, liability for a slip and fall on snow or ice depends on who manages or maintains the property. Below is an overview of who may be legally responsible for an accident:
Property Owners
Property owners must keep walkways safe by clearing snow and ice within a reasonable time after a storm. Failing to do so can make them liable for resulting accidents.
Commercial Tenants and Businesses
Businesses can be responsible for a slip and fall accident if their lease requires them to handle snow removal or if they fail to maintain safe conditions in accessible areas, like walkways and parking lots.
Property Management or Maintenance Companies
Maintenance contractors may be liable for neglecting or performing snow removal duties inadequately.
Municipalities and Public Property
Cities and towns may be responsible for maintaining safe sidewalks and roads. To pursue a case, you must file a Notice of Claim within 90 days (General Municipal Law § 50-e). Deadlines are significantly shorter than for private properties.
Landlords and HOAs
Landlords or homeowners’ associations (HOAs) may be liable for injuries in icy common areas if their agreements assign them the responsibility for snow and ice removal.
Common Causes of Snow and Ice Slip and Fall Accidents in New York
Many snow and ice slip and fall accidents can be prevented. They often occur when property owners fail to clear, treat, or maintain areas where ice or snow accumulates during the winter. Certain common hazards can reveal clear signs of negligence, which may make the property owner legally responsible for any resulting injuries, including:
Untreated or Poorly Maintained Walkways
Failing to shovel or salt walkways after a storm, particularly when there is evidence that the property owner was aware of the hazard, can be considered negligence.
Refrozen Meltwater or Black Ice
Property owners are responsible for taking preventive measures against refrozen meltwater or black ice, such as salting walkways or redirecting runoff. Failing to address these hazards demonstrates a lack of reasonable care.
Poor Drainage or Sloping Surfaces
Standing water or ice resulting from poor drainage or uneven pavement can indicate ongoing maintenance issues and potential long-term neglect by the property owner.
Neglected Building Entrances and Stairways
Failing to salt, mop, or provide warnings about slippery entrances or steps in high-traffic areas demonstrates a property owner’s negligence and increases the risk of slip and fall accidents.
Failure to Warn of Known Hazards
Failing to post caution signs or block off areas with known ice hazards indicates that the property owner ignored a recognized safety risk, which may contribute to liability in a slip and fall case.
What To Do After a Slip and Fall on Snow or Ice
If you have been injured in a slip and fall accident in New York, taking the right steps immediately after can protect your health and strengthen your legal claim. Follow these key steps:
- Seek medical help: Get medical care immediately, even if your injuries seem minor. Prompt treatment can prevent complications and create a medical record that supports your claim.
- Report the accident: Notify the property owner, manager, business owner, or relevant government agency as soon as possible and in writing. A timely report helps document the incident and establishes when and where it occurred.
- Collect evidence: Take photos of the scene, your injuries, and any conditions that caused the fall. Collect witness statements, request maintenance records, and keep all medical records and bills. Be sure to note the date, time, and weather conditions at the time of the accident.
- Consult an attorney: Contact an experienced slip and fall attorney to protect your rights. A New York slip and fall lawyer can help preserve evidence, handle communications with insurance companies, and pursue fair compensation on your behalf so you can focus on recovery.
What Compensation Can You Recover for Injuries From Slip and Falls on Ice or Snow?
Victims of slip and falls involving ice or snow may be entitled to compensation after an accident. Damages frequently sought in these cases include:
- Pain and suffering (past and future), including any surgeries
- Emotional distress and loss of enjoyment of life
- Scarring and disfigurement
- Lost wages and reduced earning capacity
- Medical bills and future medical care
- Medication, physical therapy, and other out-of-pocket costs
Why Hire Lever & Ecker To Represent You After a Slip and Fall on Snow and Ice in New York
At Lever & Ecker, PLLC, our award-winning New York attorneys have extensive knowledge of premises liability law and a proven track record in handling slip and fall cases involving snow and ice. Our firm successfully recovered $850,000 for a client injured in a snow and ice-related accident.
If you or a loved one has been injured in a slip and fall on snow or ice in New York, contact us today for a free, no-obligation initial consultation. We will evaluate your case and explain your legal options.
Read our winter safety and prevention guide for additional information on winter slip and fall safety.
New York Snow and Ice Slip and Fall FAQs
How Long Do I Have To File a Claim After Slipping on Snow or Ice in New York?
In most cases, New York’s personal injury statute of limitations gives three years from the accident date to file the lawsuit. However, filing periods are shorter if the case involves a government entity or a wrongful death.
What Is a “Notice of Claim,” and Why Is It Important in Ice Slip and Falls in New York?
In New York, if your injury involves a government entity, you must file a Notice of Claim with the appropriate agency within 90 days of the accident. Filing on time is crucial because missing this deadline can result in your lawsuit being dismissed.
How Long Do Ice Slip and Fall Lawsuits in New York Take To Settle?
In New York, slip and fall cases involving ice can take a few months to several years to settle. The timeline depends on factors such as the severity of your injuries and the defendant’s willingness to negotiate. While many cases are resolved through out-of-court settlements, others may require going to trial to conclude.
What Evidence Is Commonly Used in Slip and Fall Lawsuits for Snow and Ice?
Common evidence for slip and fall claims includes eyewitness statements, photos and video of the scene, medical records, written documentation, security camera footage, and expert testimony.
What if I Didn’t Realize How Badly I Was Hurt Until Weeks After My Fall?
You can still file a lawsuit even if you did not realize the full extent of your injuries until weeks after a fall. However, it is important to act quickly to ensure you meet the statute of limitations and other critical deadlines, such as the Notice of Claim requirement when suing a government entity.
