Understanding Premises Liability in Snow and Ice Slip-and-Fall Cases in New York

While slip-and-fall incidents may seem trivial, the National Floor Safety Institute estimates that about 5% of falls cause fractures. Fractures and sprains can lead to serious complications, especially in seniors. 

Snow, ice, and sleet make slipping and tripping even more common. Talk to a New York slip-and-fall lawyer if you fell on an icy sidewalk. A slip-and-fall injury lawyer in NYC will let you know whether you can claim compensation and help you present a solid claim. 

Who Is Responsible for Your Injury? 

According to the NYC Administrative Code §7-210, owners of real property must clear ice and snow from sidewalks next to their property. Failure to do so may count as negligence under premises liability law. However, an exemption applies to owners of one, two, or three family buildings that are owner occupied and used exclusively for residential purposes.  

Proving Premises Liability

To prove premises liability after slipping and falling on ice or snow, you need to establish that:

• The property owner had a legal duty to keep their premises and the adjacent area clear of snow and ice
• The owner breached this duty by failing to remove snow or ice on time
• The ice or snow directly caused your injury, meaning it’s unlikely you would have slipped under normal conditions
• You suffered tangible damages, such as medical bills and missed days at work, because of the accident

Premises liability cases hinge on proving that the owner should have reasonably known about the dangerous condition and had enough time to address it before the accident occurred. This is a point defendants will often try to dispute. To protect your rights, you need a New York slip-and-fall lawyer who understands all the nuances of snow- or ice-related slip-and-fall accidents.

In NYC, the outcome of a snow or ice slip-and-fall case may depend on the accident’s timing. For example, if the snow stops falling between 7:00 a.m. and 4:49 p.m., according to the Department of Sanitation guidelines, whoever is responsible for clearing the sidewalk must do so within four hours. 

Thus, if you have street camera footage showing that the snow stopped falling by 8:00 a.m. and you slipped on accumulated snow near a convenience store at 1:00 p.m., you could prove that the store owner neglected to clear the snow on time. 

What Should You Do After Slipping and Falling on Snow or Ice?

After a slip-and-fall accident involving ice or snow, you should:

1. Notify the responsible person. This could be a property owner, manager, or tenant. Do this in writing if possible. If you slipped near a business with an established protocol for reporting accidents, follow their procedure.
2. Collect evidence. Take photos of the accumulated snow or icy conditions, and make sure the photos include a timestamp. Include both close-ups of the hazard and wide-angle pictures of the street. Gather the names and contact details of any witnesses.
3. See a doctor. Do this before anything else if it’s a medical emergency. However, you should go for a medical checkup in any case because your injuries could be more serious than you think.
4. Document everything. Save your medical records and bills, any communication with the property owner, witness statements, a log of missed work days, and a detailed written account of the accident. 
5. Talk to an attorney. Schedule a consultation with a New York slip-and-fall lawyer. Do this ASAP so the lawyer can explain your options and guide you through the next steps.

What Your Settlement May Cover

Per the CDC, falls are the leading cause of TBIs and lead to about a million hospitalizations each year among older adults alone. The New York State Department of Health reveals that every year, about 900 people aged 65 or more pass away from fall-related injuries. 

Slip-and-fall injuries often come with hefty medical costs, which your settlement should reflect. Your compensation may likewise cover the following:

• Prospective medical expenses, like physical therapy and surgeries you may need in the future
• Missed days at work and, in cases involving serious long-term injuries, reduced ability to work
• The cost of in-home help and equipping your home to accommodate your condition 
• Non-economic damages (pain and suffering), including physical pain, mental distress, and other damages that are impossible to quantify

The Law Office of Frank J. Cassisi: Experienced Slip-and-Fall Lawyers 

Did you or someone in your family sustain a serious injury in a slip-and-fall accident? Contact us at the Law Office of Frank J. Cassisi. Our highly rated legal team can help you prove liability for sidewalk crack injuries, slip-and-falls related to snow and ice, and other fall-related injuries.

For a free consultation with a New York slip-and-fall lawyer, call (516) 294-5050 or contact us online. 

FAQ

How soon must I file a slip-and-fall lawsuit in NY? 

You can usually sue for a slip-and-fall injury up to three years after the accident. However, if you’re taking legal action against the City of New York, you must file a notice of claim within 90 days. 

How long do slip-and-fall cases take? 

Every case is different. While straightforward claims may sometimes settle within months, complicated and disputed cases could take years to resolve.

What if the accident was partially my fault?

NY is a pure comparative negligence state, so you can still claim compensation even if you’re partially responsible for your injury. Your settlement will drop proportionally to your degree of fault: for example, if your case is worth $100,000 and you’re 50% responsible, you’d collect $50,000.

Do I need legal representation for a slip-and-fall claim?

You almost always need legal representation for a slip-and-fall claim if you suffered a serious injury. Working with a skilled New York slip-and-fall lawyer dramatically improves your chances of resolving your case successfully and within a reasonable timeframe.

Disclaimer: The content provided on this blog is intended solely for informational and educational purposes and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, laws and regulations change frequently, and specific cases may have unique circumstances that affect their outcome. Please note that in New York, while the general statute of limitations for personal injury claims is three years, certain cases (particularly those involving government entities) may have significantly shorter deadlines. For legal advice tailored to your specific situation, we strongly encourage you to contact our office to speak with a qualified attorney who can properly evaluate your case and provide appropriate guidance.