When winter weather rolls in, sidewalks and walkways can quickly become slippery and dangerous. If you get hurt on an icy sidewalk in Queens, the Bronx, or anywhere in New York City, it’s important to figure out who is responsible for snow or ice removal so that a liable party can face responsibility. If you were injured in a slip and fall on someone’s icy sidewalk, our Queens slip & fall accident attorneys can help you figure out whose negligence was to blame for your injuries.
Who Is Responsible for Clearing Snow and Ice in New York?
Whether you love or hate the snow, one thing is true – shoveling the sidewalks is critical in a city like New York. Unfortunately, failure to do so can result in serious injuries if a slip and fall occurs. As such, understanding who is responsible for the removal of snow and ice from sidewalks and walkways is critical.
Property Owners’ General Responsibility
In most cases, New York law leaves the responsibility of snow or ice removal to the owner of the property. So if there is a sidewalk in front of a home or business, the owner of that home or business is responsible for clearing the sidewalk and ensuring that people can get through without getting injured.
Understanding NYC’s Snow Removal Timeframe
It’s also important to understand that property owners are required to clear snow and ice from their property within four hours after the snow stops, with expectations if the snow ceases between 9 p.m. and 7 a.m., in which case snow must be cleared by 11 a.m.
Additionally, New York adheres to the “storm in progress” rule, which means a property owner cannot be held liable for slippery conditions on their property while precipitation is still falling.
How Wide Must the Cleared Path Be?
Most municipalities in New York City require a path at least four feet wide to be cleared on sidewalks for pedestrians and passersby.
Can Landlords Assign Snow and Ice Removal Duties to Tenants?
In most cases, the property owner would be held responsible if someone slipped and fell on an icy sidewalk. However, there are some instances in which a tenant may be responsible.
Lease Agreement May Shift Responsibility
A landlord may transfer responsibility for the removal of snow and ice from the property if it is clearly stated in the lease agreement signed by the tenant. As such, if a tenant fails to remove snow or ice and someone is injured, the tenant may face liability in a civil personal injury case. However, it’s important to note that the city may still issue a summons to the property owner, not the tenant.
Multi-Family vs. Single-Family Homes
In dwellings that house multiple parties, whether it’s a two-family home or an apartment complex, the landlord is generally responsible for ensuring that common areas, including sidewalks and walkways, are free from hazards and properly maintained. However, single-family homes often have different ordinances that allow a tenant to face liability. As such, it’s important to check local laws to determine who is legally responsible for clearing snow or ice after a storm.
Municipal Responsibility
In some circumstances, the City of New York can face liability for slips and falls due to uncleared snow or ice on sidewalks. Generally, this is only true in the following situations:
- Defects on city-owned sidewalks not caused by the property owner
- Snow or ice on municipal property (in parks, on sidewalks in front of city-owned buildings)
However, New York City is generally not responsible for snow or ice removal on sidewalks in front of private properties.
Where Snow and Ice Accidents Commonly Occur
Understanding the locations where these accidents are most common can help you stay vigilant and aware of these conditions to reduce the risk of potential injury. As such, some of the most common locations of slips and falls due to uncleared snow or ice include:
- Sidewalks
- Stairways
- Parking lots
- Building entrances
- Ramps and curbs
What Happens If Someone Slips and Falls on an Icy Sidewalk?
If you slip and fall on someone’s icy sidewalk, you may be able to sue them for damages. It is ultimately their responsibility to keep the sidewalk safe, and their failure to do so should not be your financial burden.
Establishing Negligence
In general, a property owner (or tenant, depending on the details of the lease) may face liability for injuries that occur due to snow or ice if:
- They failed to clear the snow or ice within the required timeframe
- They did not take reasonable steps to make the sidewalk safe
- They ignored recurring issues like ice, draining issues, and refreezing
Common Injuries From Snow and Ice Falls
Slip and fall accidents can be quite serious, especially for older individuals. Unfortunately, slips and falls are commonly recorded as the leading cause of death for those over age 65.
Additionally, a slip and fall due to uncleared snow or ice can result in broken bones, concussions, and back injuries. These accidents can result in long-lasting health and mobility problems, not to mention psychological trauma and adverse effects on someone’s mental health
Potential Compensation for Victims
If you choose to file a claim against the negligent party, you could be compensated for:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term disability
- Future medical costs
- Emotional suffering
What To Do After a Slip and Fall on Snow or Ice
If you are injured due to uncleared snow or ice on a sidewalk or walkway in New York City, it’s critical to understand the steps you should take to protect yourself. As such, you should:
- Seek medical attention immediately
- Report the incident to the property owner
- Take photos and videos of the conditions
- Keep the shoes you were wearing, and refrain from wearing them again if possible
- Contact a personal injury attorney as soon as possible
Contact Our New York City Personal Injury Lawyers
If you or a loved one were injured in a slip and fall, it’s in your best interest to reach out to the Law Offices of George Poulos to schedule a consultation. Our team understands how devastating these injuries can be, which is why we are committed to helping you fight for the compensation you deserve. Contact our team today to discuss your unique circumstances with a member of our dedicated legal team..