What Role Does Snow and Ice Play in Slip-and-Fall Lawsuits?

If you’ve fallen on someone’s property here in Queens because of ice and snow, it’s usually a good idea to speak with a slip-and-fall lawyer about whether you can hold the property owner liable. A lot depends on the precise details of your situation, and only an attorney will be qualified to give you an opinion on whether it’s advisable to bring a lawsuit.

From a Slip-and-Fall Lawyer in Queens, NY: Snow and Ice and Premises Liability Suits

Under New York City law, commercial property owners are generally responsible for maintaining their sidewalks in good condition, which includes removing snow and ice. Residential property owners are not required to clear their sidewalks or maintain them, so long as the property that abuts the sidewalk is no bigger than a three-family residence, the building is only used as a residence, and the owner occupies at least one of the residences.

In other words, if you’re talking about a big apartment building, the owner has to maintain the sidewalk. If it’s a smaller building, it will all depend on how big it is and whether the owner lives there. All owners of properties to which this rule applies are required to carry personal injury and property damage liability insurance.

Reasonable Time

A property owner is only expected to respond to unsafe conditions within a reasonable amount of time. If snow falls before 9 PM and after 7 AM, most property owners should be allowed four hours from the time the snow stops to get things cleared away. This means if you’re out walking around during an active snowstorm, you should expect conditions to be dangerous and, in most cases, will not be able to hold a property owner liable for a fall.

If the snow falls between 9 PM and 7 AM, property owners don’t have any responsibility to remove it during the night. However, they must do what they can to prevent or deal with icy conditions, such as applying salt.

The City

It’s difficult to bring a lawsuit against the city, but there are a few situations where it might be possible. If there is a public sidewalk that no private business is responsible for, and if the city was notified that it was in a dangerous condition, the city is legally obligated to make it safe again within a reasonable amount of time.

The problem here is proving two things: first, that the city was aware of the unsafe condition, and second, that they did not take action within a reasonable amount of time. Since the city has about 12,000 miles of sidewalk, it’s not reasonable to expect the city to fix any given sidewalk immediately. However, if a report has been made, the city is expected to make some kind of response within a couple of days, even if that response is just to mark the hazard.

Contact us today at Bardizbanian & Associates, P.C. in Queens, NY to get help with your case. We also serve Brooklyn, the Bronx, Long Island, and Manhattan.

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