Walking on icy sidewalks during New York winters can lead to dangerous falls and serious injuries. If you’ve experienced a slip-and-fall accident on snowy or icy public property, you may wonder about your legal options and whether you can hold the city responsible. Regardless of who may be liable for your injuries, it’s crucial to contact a New York slip-and-fall lawyer to help guide you through your options.
A slip-and-fall attorney in NYC can help you understand your rights and determine whether the City of New York bears responsibility for your injuries. Here, the Law Office of Frank J. Cassisi, P.C., will explain when you can pursue legal action against the city for winter weather-related accidents.
Who Is Responsible for Clearing Snow and Ice from Public New York Sidewalks?
Under § 7-210 of NYC’s Administrative Code, property owners bear primary responsibility for maintaining public sidewalks adjacent to their properties. Several parties share snow and ice removal duties:
- Property owners must clear sidewalks adjacent to their buildings.
- Commercial tenants may assume responsibility through lease agreements.
- The city maintains sidewalks next to public buildings.
- The Department of Transportation oversees crosswalks and pedestrian areas.
- The Department of Sanitation plows streets and monitors sidewalk compliance.
What Are Property Owners Responsible For?
Property owners who fail to clear snow and ice face potential fines and liability for accidents. First violations typically result in warnings, while repeat offenders may receive penalties ranging from $100 to $350 per incident.
The city provides these specific requirements for proper snow removal:
- Clear a path at least four feet wide.
- Remove snow and ice down to the sidewalk surface when possible.
- Place snow against the building or curb, not in the street.
- Apply salt, sand, or other ice-melting materials as needed.
- Create a clear path to crosswalks and bus stops.
According to the New York City Comptroller, around 30% of New Yorkers own their homes. If you fall into this category, it’s crucial to understand these responsibilities so that you can keep your property safe and avoid potential fines or legal consequences.
When Can You Sue the City After a Slip-and-Fall Accident?
Under specific circumstances, the City of New York can be held liable for slip-and-fall accidents on public sidewalks. Unlike claims against private property owners, suing the city requires meeting strict criteria and following special procedures, which is why it becomes important to hire an experienced New York slip-and-fall lawyer.
Several conditions must align for you to have valid grounds to sue the city. First, the city must have received prior notification about the hazardous sidewalk condition. Second, officials must have failed to address the reported hazard within a reasonable timeframe.
Third, your accident must have occurred on a sidewalk the city is directly responsible for maintaining. You must also prove the city’s negligence directly caused your injuries and resulted in documented damages, such as medical bills and lost wages.
The legal process involves multiple required steps within strict timelines. You must file a Notice of Claim within 90 days of your accident, including detailed information about the incident location and circumstances.
During this period, you should document all medical treatment and related expenses while gathering evidence of the hazardous condition before it changes. You must also meet all administrative hearing requirements and file your lawsuit within the statute of limitations.
Understanding Your Rights As a New York Slip-and-Fall Victim
According to the NYC Office of the Comptroller, over 2,300 sidewalk personal injury claims are filed against the City of New York annually, costing the city more than $53 million. New York’s slip-and-fall statute of limitations gives you three years from the date of your accident to file a claim. However, claims against the city have additional requirements and shorter deadlines. For instance, you must first file your notice of claim within ninety days and then file your lawsuit within one year and ninety days from the date of the incident.
Time Requirements for Snow and Ice Removal
The New York Administrative Code establishes strict requirements for snow and ice removal. Property owners and the city must follow specific guidelines to keep walkways safe for pedestrians.
Critical timeframes include:
- Property owners must clear sidewalks within four hours after snow stops falling: This requirement applies specifically to snowfall that ends between 7 a.m. and 5 p.m., ensuring walkways remain safe during peak pedestrian hours.
- The city must respond to reports of hazardous conditions within 24 to 48 hours: This timeframe represents the reasonable period during which the city should address dangerous ice or snow conditions after receiving notification.
According to the New York State Climate Impacts Assessment, average temperatures have increased by 2.6 degrees Fahrenheit since 1901, but winter hazards remain a serious concern.
What To Know About Building a Case Against the City
Documentation plays a crucial role in proving city liability for your slip-and-fall accident. The Department of Transportation maintains approximately 12,000 miles of sidewalks, making it essential to establish clear evidence of negligence. A New York slip-and-fall lawyer can help you gather evidence, build a case, and pursue compensation when possible.
Strong cases begin with comprehensive photographic evidence of the hazardous condition that caused your fall. You should obtain weather reports from the day of your accident to establish conditions at the time of your injury. Gathering contact information and statements from witnesses who saw your fall provides critical third-party verification of events.
Your medical records are fundamental evidence, documenting the direct connection between the hazardous condition and your injuries. These records should include emergency room visits, follow-up care, physical therapy, and any ongoing treatment needs related to your accident.
Prior complaints about the location can demonstrate the city knew about the dangerous condition but failed to act. Maintenance records showing city response times to similar hazards in the area can establish patterns of negligence. Together, this documentation creates a clear timeline of events and demonstrates the city’s liability for your injuries.
Turn to the Law Office of Frank J. Cassisi, P.C., When You Experience a Slip-and-Fall Accident in New York City
A New York slip-and-fall lawyer can help you navigate the complex process of suing the City of New York. If you’ve suffered any common slip-and-fall injuries, our experienced team at the Law Office of Frank J. Cassisi, P.C., understands how to build a compelling case against the city. Our legal team will take the time to listen to your concerns and walk you through every step of the process.
We combine decades of experience with personalized attention to help accident victims throughout New York City. Call the Law Office of Frank J. Cassisi, P.C., at (516) 294-5050 to discuss your slip-and-fall case, and let us help you navigate the various legal complexities of filing a lawsuit.
FAQ
Are you looking for more information? Explore these frequently asked questions.
How Long Do I Have To File a Slip-and-Fall Claim Against New York City?
You must file a Notice of Claim within 90 days of your accident and complete your lawsuit within three years.file your lawsuit in one year and ninety days from date of the incident.
Who Is Responsible for Clearing Snow and Ice From Public Sidewalks?
Property owners are responsible for clearing adjacent sidewalks, while the city maintains responsibility for public spaces and responding to reported hazards.
What Evidence Do I Need To Sue the City for a Slip-and-Fall Accident?
You need photos of the condition, medical records, witness statements, and proof the city knew about but failed to address the hazard.
How Much Compensation Can I Pursue for a Slip-and-Fall Claim Against NYC?
The compensation you can pursue varies based on injury severity, medical expenses, lost wages, and other damages specific to your case. A New York slip-and-fall lawyer can analyze your case and provide you with a more detailed answer about potential compensation.
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.
