Slip and Fall Snow

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Slip and falls on snow or ice can be a hazard caused by the season, but it can also be the result of someone failing to be keep their property in good condition. If you fall because someone did not clean the snow properly, failed to put the right amount of snow melt on the area, allowed cars or trucks to create a patch of ice on the walkway or sidewalk, then the fall is the result of someone failing to properly clean or under the law they might be considered negligent.  If you are injured because of negligence, you may be able to sue and recover for your injuries.

In New York City, the landlord or building owner has the responsibility to clear snow and ice from public walkways, stoops, and steps of a building in a timely manner.  If the property is a parking lot, then the owner of the lot is responsible to keep the area free of “black ice” and to have good walkways even when the snow can’t be fully removed.  If the location of the fall is at an entry door or other public walkway near the entrance, then that area must be kept in good condition.

In the event that there is a storm, while the storm is going on and 24 hours after the end of the storm, there is nothing that can be done to make a safe walkway, so the law does not require the landlord or owner to clean the area.  So they are not responsible for providing a safe path, walkway or area while the storm is ongoing. After the storm has stopped the obligation to make the walkway safe starts.

Also, people can fall and get hurt not just because of the snow and ice, but because of why there might be a puddle or an accumulation of ice. If the property has a hole or a large crack, and the water or ice forms at that area, that failure to maintain the property in a good condition causes the accident.  The landlord and owner are responsible.  For example, there is a pothole in the parking lot.  You step into the water that covers the pothole because it is the flattest of the puddles in the area and you just can’t avoid walking in water after a rain storm, and your foot gets into the deep hole and you get hurt, then you can sue.  This is negligent maintenance and a failure of the landlord to maintain the building and/or property.

For example, if a building has a leaking gutter and the leak causes a puddle that freezes and becomes ice, should there be an injury caused by that frozen puddle it is possible that the landlord would be responsible for the injuries and harm caused. It is essential that landlords and property owners maintain their properties and promptly address snow and ice situations in a timely manner.

Backed by more of 30 years of experience Barton L. Slavin, Esq., is committed to helping accident victims obtain the largest possible settlements and verdicts for their injuries. Slavin and Slavin, Esqs. – New York accident attorneys are concerned with your full recovery, both physical and financial, we will do everything we can to help you secure the compensation you deserve.

If you have been injured in a SNOW – ICE – PROPERTY accident you should call Barton L. Slavin, Esq., as soon as possible.  Make sure that you take photographs because the situation can change, the snow and ice or roadway can change, the bruises heal.   Photographs are a valuable litigation tool.

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