Legal Blog of Attorney Lawrence B. Saftler

Ice is Slippery and So is Snow, Watch Your Step!

By lsaftler on February 12, 2010

In New York City, property owners are liable for all defects on the sidewalks, except for sidewalks abutting one, two and three family residences. This covers snow and ice. Liability shifts responsibility to property owners for removal of much of the snow and ice we find ourselves surrounded by today. Under some circumstances, though, the City of New York is still responsible for maintaining our public walk ways and for snow removal. After a snowfall as significant as the one we had on February 10, 2010, we need to know who we can go after after an unfortunate slip and fall occurs.

Hopefully, you will remain safe in getting around. However, if you fall and get injured, that’s where we come in. It is always wise to exercise caution when walking in these conditions. Slow down and take smaller steps, focus your attention on walking, wear rubber soles that have good traction. But you as a pedestrian are not the only one who can help to limit the number of winter weather-related slip and falls. New York City Administrative Code Section 16-123 charges 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, shall, within four hours after the snow ceases to fall… remove the snow or ice.” This, however, does not apply during the hours of 9 p.m. and 7 a.m; and the four hour window for removal does not begin until 7 a.m. on any given day. Also, in determining liability, the court will look at how much time passes between the time snowfall ceases and the time an accident occurs. There is a generally recognized period of time, 48 hours, which must lapse between the two, in order for liability to be found. These rules have been set by the courts in prior cases. There are always exceptions and every case is different.

Most importantly, as a pedestrian, you must be careful. Avoid ice and snow-covered sidewalks where you can. But if you do slip and fall, contact The Saftler Law Firm and learn exactly what you’re entitled to. After discussing the facts of the incident and the nature of your injury with you, we will be able to determine whether you may be entitled to financial compensation.

Enjoy the weather, New York. You can complain about it all you like, but if you live on the planet Earth, weather is a factor you have to get used to!

Posted in Accidents, Defects, Personal Injury, Sidewalk & Street |