Injured After Slipping and Falling on Icy or Snowy Walkway? Here’s What to Do.
Recovering Damages After a Slip and Fall on an Icy Walkway
In New York, property owners are required to maintain their premises in a reasonably safe condition; this includes during the winter months when snow and ice may make walkways extremely dangerous for pedestrians. When a property owner fails to maintain a sidewalk or walkway in a reasonably safe condition, they may be liable for injuries.
At the Law Office of Asaro & Associates, P.C., our attorneys help slip and fall injury victims obtain compensation from negligent property owners in the Bronx. If you have sustained injuries in a fall caused by an icy or snowy walkway, contact our office for a free consultation. Call (347) 231-5459 to speak with an experienced attorney today.
Who Is Responsible for Sidewalks in New York City?
According to the New York City Administrative Code, real property owners are responsible for maintaining any sidewalk abutting their property. Pursuant to §7-210, property owners may be held liable for failing to maintain their sidewalk in a “reasonably safe condition.”
A property owner is responsible for the sidewalk abutting their property, including, but not limited to, “the intersection quadrant for corner property.” Under this code section, a property owner may be held liable for any personal injury approximately caused by their failure to maintain the sidewalk in a reasonably safe condition, including the negligent failure to remove snow or ice.
Who Is Responsible for Removing Snow and Ice from Sidewalks?
Under New York City Administrative Code § 16-123, property owners are responsible for the removal of snow, ice, and dirt on sidewalks adjoining their property. Specifically, the statute requires that “Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved,” remove snow, ice, or dirt from their sidewalks.
The snow or ice must be removed from the sidewalk and gutter within four hours after the snow ceases to fall. However, the four-hour requirement does not apply to the hours of 9:00 pm to 7:00 am.
How Do I Prove Who Was Responsible for My Injuries?
The best way to prove liability after you are injured is to contact an experienced slip and fall lawyer. A knowledgeable attorney will conduct a thorough investigation into your injuries to determine who was at fault and whether you have a valid claim for damages. Slip and falls caused by snow or ice on walkways fall under the category of premises liability.
To determine fault in a premises liability claim, you must consider:
- Whether the property owner knew or should have known about the dangerous condition;
- Whether the property owner knew about the dangerous condition and failed to remedy it timely;
- When the inclement weather stopped and whether the snow or ice was removed within four hours;
- Whether the property owner created the dangerous condition.
During winter weather, a property owner may create a hazardous condition by piling snow and leaving it overnight, causing it to harden, or by sweeping snow down a stairwell making it unreasonably slippery for pedestrians.
Are Property Owners Responsible for Removing Snow and Ice From Streets?
Unlike sidewalks, property owners are not required to remove snow and ice from the streets. According to New York City Administrative Code § 16-124, the commissioner is responsible for removing snow and ice from the streets and for keeping all streets “clean and free from obstruction.”
Therefore, if you are injured from a slip and fall on the street in front of a business, the property owner will not be held liable for your injuries.
What Kinds of Injuries Occur From Slip and Falls on Slippery Walkways?
Slip and falls lead to thousands of hospitalizations for serious injuries each year. Many of these are caused by ice, sleet, and snow. According to the U.S. Bureau of Labor Statistics, there were over 20,000 ice, sleet, and snow-related injuries to full-time workers in a single year. Fourteen percent of these injuries occurred in the State of New York.
Common injuries from slip and falls due to ice and snow include:
- Traumatic brain injury (TBI)
- Broken bones
- Lacerations
- Strained muscles
- Torn ligaments
- Spinal cord injuries
- Neck and back injuries
What Do I Do First If I Am Injured Because of Snow or Ice?
If you are injured because of a slippery walkway caused by the failure to remove snow and ice, you might be entitled to compensation from the property owner or their insurance company.
If you are injured in a slip and fall accident, you should always:
- Seek medical attention immediately. Keep track of all of your medical bills and present them to your attorney.
- Obtain witness information. If anyone witnessed your fall, ask for their name, and contact information. Many times there may be an employee or adjoining property owner that can provide testimony regarding your injuries.
- Report your fall to the property owner or business manager. Make documentation about your injuries.
- Preserve evidence. If you are able to take pictures of the sidewalk or walkway.
- Contact an attorney. Call our office at (347) 231-5459 for a free consultation.
Contact the Law Firm of Asaro & Associates for the Help You Need
If you have been injured because of a property owner’s failure to remove ice or snow from a sidewalk or walkway, you might be entitled to compensation for your damages. Our attorneys have recovered millions in settlements and verdicts on behalf of injury victims in the Bronx. We have over 50 years of combined experience and will fight to get you the recovery you deserve.
Call our office at (347) 231-5459 or fill out our online contact form to request a case consultation. When you retain our services, you pay nothing unless we win. Let us help you get the maximum recovery available in your case. Do not settle for less. Call today and get the personalized care and attention you need.
