An icy exterior staircase, a landlord who had already undertaken snow removal, and a client with no photographs of the hazard itself. On paper, this slip and fall on ice case had more obstacles than advantages. Attorney Kate Henderson and the lawyers at Lever & Ecker, PLLC, still secured a significant six-figure settlement for the client.
This is the story of how a well-prepared client and a clear-eyed reading of premises liability law turned a difficult set of facts into a resolution that exceeded expectations.
Liability was a real challenge in this case from day one, and we still resolved it for a significant six-figure amount. Our client was thrilled, and so were we.
What Happened in This Case
Our client slipped and fell on ice on an outside staircase at her apartment building. The incident left her with a shoulder fracture. Her injuries required multiple surgeries, followed by an extended course of physical therapy to regain use of her shoulder.
Establishing the Landlord's Responsibility for the Ice
Under New York premises liability law, a landlord and property owner who fails to reasonably clear a known hazard, such as ice accumulation on an exterior staircase, within a reasonable time after a storm can be held liable for injuries that result from a resulting slip and fall.
The landlord was responsible for maintaining those stairs, and the ice that caused our client’s fall was left over from a prior storm. That responsibility is what made him the liable party here.
Building a Case Without Much Physical Evidence
Most premises liability cases involving a slip and fall on ice or snow benefit from strong video or photographic evidence of the icy stairs or walkway. What ultimately carried this case was:
- A detailed, honest account from our client at her deposition, including a description of what the ice looked like on the stairs
- Consistent documentation of her medical treatment, including photographs of her injuries and regular updates on her surgeries
- Responsive, open communication with our lawyers throughout the litigation process
It is so impactful when a client testifies at her deposition about what their day-to-day life was like before the incident, and how their life has been detrimentally changed as a result. That kind of testimony can change a case.
Overcoming a Difficult Defense
This case presented challenges beyond the physical evidence. The defense presented significant challenges throughout the litigation, and negotiating with the insurance carrier proved equally difficult.
The defense presented significant challenges throughout this case, and the insurance carrier was equally difficult to negotiate with. We fought hard for our client through all of it.
Resolving the Case at a Settlement Conference
This case was resolved prior to trial. New York’s litigation process often involves settlement conferences before a case reaches a jury, and several of these conferences, presided over by a judge, moved the case toward resolution. Much of the actual negotiation took place directly between Lever & Ecker’s lawyers and defense counsel outside the courtroom.
Damages centered primarily on our client’s pain and suffering, both from the initial injury and from her surgeries and medical treatment that followed, along with the lasting impact on her ability to care for herself. To value the case, our lawyers researched how New York courts, particularly the Appellate Division, Second Department, and Westchester County cases specifically, have historically valued similar shoulder injuries arising from slip and fall accidents on ice and snow. That research, combined with ongoing conversations with our client about her expectations, shaped the number our lawyers pursued.
The case was ultimately resolved for a significant six-figure settlement.
We resolved this case for a significant six-figure amount during a settlement conference, without ever having to go to trial. I called my client from the car right after, and she was so thankful and relieved.
What This Case Teaches Westchester Residents About Slip and Fall Claims
Snow and ice accidents, including staircase slip and falls, raise questions that are not always straightforward. Liability depends on where the fall happened, who was responsible for maintaining that location, and how much time passed between the last storm and the accident. Under New York law, if a storm is still in progress at the time of a fall, a property owner generally has a reasonable amount of time afterward to clear the hazard, which is why establishing the exact timeline of a storm can make or break a slip and fall on ice case.
If a storm is still in progress, the law gives a property owner reasonable time afterward to clear it, so establishing the timeline matters. We consider an expert meteorologist when that timing is in dispute
This case also shows that even when the physical evidence is limited or works against the injured party, a well-prepared, credible client can still carry an icy staircase slip and fall case to a strong resolution. Our client’s honesty and consistency, at her deposition and throughout the litigation, made a measurable difference in how the defense and the insurance carrier evaluated their risk of going to trial. She also did her part outside the courtroom, documenting her treatment and staying responsive whenever our lawyers needed something from her.
This client documented everything, her treatment, her surgeries, and she was always responsive whenever we needed something from her. Having a client who communicates that well makes a real difference in any case.
Injured in a Slip and Fall on Ice or Snow in Westchester County? Contact Lever & Ecker, PLLC
Anyone who has slipped and fallen on snow or ice, whether on an exterior staircase, a public sidewalk, a public roadway, or private property, should contact an attorney promptly to determine who is responsible for maintaining that location.
If you slip and fall on ice, regardless of where it happened, contact an attorney immediately. We do the investigation, we figure out who is responsible, so you can focus on your medical treatment and getting better.
Award-winning New York premises liability lawyers with more than 80 years of combined experience, prepared to take a case to trial should trial become necessary.
📞 Contact Lever & Ecker’s Westchester County slip and fall lawyers today at (914) 580-1037 to discuss your case.
