When it snows in New York, your normal walk to work or the grocery store can become a hazardous commute. If you are injured on a business’s icy sidewalk, are they liable for your injuries? Allow a New York sidewalk accident lawyer to guide you in understanding your rights, as these cases tend to depend on various factors, such as weather conditions and the accident location.
Below, the Wohlgemuth Law Firm PLLC explains what you should know about liability. If you are seeking representation for an active case, consider speaking with a sidewalk accident lawyer in New York.
Understanding Liability in New York Sidewalk Slip-and-Fall Accidents
More than 60% of New York state sees average snowfall levels above 70 inches. In the metro areas and on Long Island, the winter season monthly accumulations still sit around 3 to 10 inches, which is enough to demand frequent shoveling. When property owners or landlords fail to keep their sidewalks safe, conditions can become hazardous, potentially leading to slips, trips, or falls.
Falls currently rank as the leading cause of traumatic brain injuries. Beyond the physical toll, trip-and-fall accidents can cause time off from work, expensive medical bills, and more.
New York slip-and-fall laws outline specific responsibilities for property owners regarding maintaining their outdoor premises. Understanding these responsibilities can aid in determining liability.
What Responsibilities Do Property Owners Have?
In New York, residential and commercial property owners must keep their sidewalks reasonably safe and free from ice, snow, cracks, uneven pavement, or debris. This duty includes removing snow and ice within specific timeframes, regularly inspecting the property, and promptly addressing hazards once they are discovered.
For example, if the snowfall ends between 7 a.m. and 4:59 p.m., they must clear the sidewalk within four hours. Failing to adhere to these guidelines may constitute property owner negligence.
Can the Government Be Held Liable?
In certain situations, the city or municipality may be responsible for maintaining a stretch of sidewalk, particularly when the property is owned by the government or when the defect is related to infrastructure such as tree roots, utilities, or the roadway design. Bringing a claim against a government entity involves additional requirements, such as filing a Notice of Claim within a short deadline, often just 90 days. Working with a knowledgeable New York sidewalk accident lawyer can be helpful for complex municipal liability claims.
Can Multiple Parties Be Held Liable?
In many sidewalk slip-and-fall cases, more than one party may share responsibility. For example, a property owner may be responsible for maintenance, while a snow removal contractor may also be liable if they performed their work negligently or failed to carry out the agreed-upon services. In these situations, liability can be divided among the parties based on their level of fault.
Can You Sue a Landlord or Property Owner for Your Accident? The Elements Needed for a New York Premises Liability Case
You can potentially sue a landlord, property owner, or any other liable party for a slip or fall on an icy sidewalk, though to do so, you must prove negligence. Proving negligence involves establishing the following:
- The party’s duty of care (i.e., their legal responsibilities under New York law)
- A breach of the duty of care (the duty of care violations)
- How their violation of the duty of care caused your injury
- Your damages
Speak With a New York Sidewalk Accident Attorney Today
If you are interested in understanding more about New York slip-and-fall lawsuits, explore our informative guide. To speak with a New York sidewalk accident lawyer today about your case, call the Wohlgemuth Law Firm PLLC at (718) 474-9100.
FAQs Answered by a Sidewalk Accident Lawyer in New York
Below, we explore answers to more common questions about premises liability cases.
What Are the Four Elements Required To Prove Fault in a Premises Liability Case?
You must provide evidence showing that the liable party owed you a legal duty of care and breached that responsibility, causing your injury and your damages.
Who Is Responsible in a Premises Liability Case?
Responsibility typically falls on the property owner, manager, or party in control of the premises if their negligence created or failed to correct a hazardous condition. If you are unsure about who is liable for your accident, consider consulting a New York sidewalk accident lawyer.
Are Property Owners Required To Shovel Snow From Their Sidewalks?
Yes, in New York City, property owners typically must clear snow and ice from adjacent sidewalks within specific timeframes set by local law.
