With this winter’s heavy snow and extreme cold, slippery sidewalks are still a major safety concern for pedestrians.
After a snowfall, New York City law requires property owners to remove snow and ice from their sidewalks. If the property owners fail to do so within a certain period of time, injured parties may bring legal claims against the owners to recover damages – including medical bills, lost wages, and pain and suffering.
Case Study:
A property owner leases several stores that face the same sidewalk in front of its building on East 45th Street. A few days after a snowstorm, all but one of the tenants have cleared the snow and ice from the sidewalk in front of their store. That tenant’s store now has a big snow and ice patch in front. A pedestrian crosses that patch, slips and falls on ice, and breaks her wrist. Even though the tenant failed to remove the frozen hazard, the pedestrian may bring a case directly against the property owner.
A property owner may still be responsible if a pedestrian slips on ice even during a snowstorm. If during a snowstorm, a pedestrian slips on ice on a sidewalk which remains from a prior storm that is below the fresh snow, the owner may be legally responsible for the pedestrian’s injuries.
If you have been injured due to negligent snow and ice removal, you may be asked:
- Where was the exact location of your fall?
- What was the weather at the time of your fall?
- When was the last time it snowed before you fell?
Eyewitness statements and photos of the location at the time of the fall are helpful to prove a claim. Official weather records can be used to show temperatures, the duration of a storm and the amount of snowfall.
If you or someone you know has been injured due to negligent snow and ice removal this past winter, Katter Law Firm can answer any questions and explain your rights. Contact our office via email at info@katterlaw.com or by giving us a call at 844-SNOW-LAW.
Ron Katter
Katter Law Firm
Phone: 866-LAW-HELP
Alt Phone: 212-809-4293