Winter in New York City brings its own brand of charm – twinkling lights, cozy cafes, and… treacherous sidewalks. Unfortunately, with the beauty of snowfall comes the increased risk of slip-and-fall accidents due to ice and snow accumulation. But who's responsible for keeping sidewalks clear, and who can be held liable if you get hurt?
Property Owner Responsibility
In New York City, property owners, including homeowners and businesses, are generally responsible for maintaining the sidewalks adjoining their property. This includes keeping them clear of snow and ice accumulations that could create a hazardous walking surface.
Here's a breakdown of the specific timeframes:
- Before 9 PM and After 7 AM: Property owners have a reasonable amount of time to remove snow and ice accumulations after a snowfall has stopped. This time frame usually falls within 4 hours, but can be adjusted based on weather conditions.
- Between 9 PM and 7 AM: Property owners are not required to remove snow and ice that falls during these nighttime hours. However, they should take reasonable steps to address any existing hazardous conditions, such as by applying salt or sand to create traction.
Exceptions and Mitigating Factors
There can be exceptions to this general rule. Here are some things to consider:
- Natural Accumulation: If the snow and ice accumulation is a direct result of a recent storm and the property owner hasn't had a reasonable amount of time to address it, they may not be held liable.
- Shared Responsibility: In some cases, multiple parties may share responsibility for maintaining a sidewalk. For example, in an apartment building, the owner might be responsible for the sidewalk in front of the building, while the tenants might be responsible for clearing snow and ice from the walkways leading to individual building entrances.
When the Fall Becomes a Lawsuit: Potential Liability for Injuries
If you slip and fall on snow or ice on a New York City sidewalk, and the property owner failed to clear it in a timely manner or take reasonable precautions to prevent ice formation, you may have grounds for a premises liability lawsuit. Here's what needs to be established:
- Property owner's negligence: You'll need to demonstrate that the property owner failed to uphold their snow and ice removal duties. This could involve evidence of uncleared snow exceeding the time limit, a lack of de-icing measures, or a pre-existing dangerous condition on the sidewalk.
- The fall resulted from the negligence: You'll need to show a clear connection between the property owner's negligence and your fall. Evidence like photos of the icy sidewalk and witness statements can be crucial here.
- Suffered damages: A personal injury lawsuit seeks compensation for the harm you've experienced. This includes medical expenses, lost wages, pain and suffering, and any long-term effects from your fall.
Don't Face Winter Woes Alone: We Can Help
Navigating the legalities of a slip and fall injury can be overwhelming. If you've been injured on a snow or ice-covered sidewalk in NYC, contact The Case Handler. Our experienced New York City sidewalk accident lawyers can help you understand your legal rights, gather evidence, and fight for the compensation you deserve.
Don't let a winter wonderland become a legal nightmare. Contact The Case Handler today at (210) 608-3734 for a free consultation.
