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Can You Sue If You Slip on Ice?

Exploring Legal Recourse: Slip-and-Fall on Ice Cases
Slip on Ice Injury

New York is one of the states that receives the most snow in the country every year. On average The state of New York receives 55.32 inches of snow a year. Winter weather causes some dangerous conditions for pedestrians. After a snowfall it is very common that snow and ice accumulate on walkways, sidewalks, parking lots and other areas, this can cause someone to slip and suffer a fall injury. Can you sue if you slip on ice and hurt yourself? Short answer is yes. It is possible to sue the property owner but it will depend on some factors that can support your claim. You will need to prove that your injuries were caused by the property owner’s negligence. If you are able to demonstrate that your fall injury was the result of negligence, then you can file a personal injury lawsuit to pursue compensation for medical bills, lost wages and pain and suffering. One of the most important things to do after suffering a fall injury is contacting a personal injury attorney.

Ice and Snow Removal Law in New York

Property owners and managers have a legal duty of care to keep their properties safe from hazardous conditions such as slippery surfaces caused by snow and ice. This means that during winter, landlords need to remove snow and ice from their premises within a reasonable amount of time after a snowfall or storm. According to Section 16-123 of the New York City Administrative Code (NYCAC), snow and ice must be removed within a period of 4 hours after the snow stops falling. However, it is important to remark that this rule only applies during the day. If snow stops falling between 9 pm and 7 am, property owners are not required to clear their premises until 7 am. The areas that must be cleared after a snowfall are:

  • Sidewalks adjoint to the property
  • Entrances
  • Walkways
  • Floors
  • Front steps
  • Parking lots

If the snow and ice cannot be removed without causing damage to the sidewalk, property owners must cover the area with sand, ash, sawdust, or any other material that will make the surface less slippery. Nonetheless, ice and snow must be removed as soon as the weather permits.

Who Is Liable for Slip and Fall Injuries on Ice or Snow?

Determining liability in a slip and fall accident is not so simple in all cases. For example, if you rent an unit in an apartment building, you will need to check your lease to see who is responsible for snow removal. In some cases, property owners or managers are responsible for snow removal, but in other cases tenants are responsible for keeping premises clear of snow and ice.The majority of landlords hire snow removal businesses to take care of their properties. Depending on the terms of the contract signed by the landlord and the snow removal company, the service provider may be held liable for the injuries sustained by someone who fell due to ice or snow. IIf a person is injured by a fall at a commercial facility, such as a mall, the mall administration is not always responsible. For example, some shopping centers have stores that are not inside the main building, thus snow and ice might gather in front of these establishments. In certain circumstances, the mall administration is responsible for clearing ice and snow from these areas, but in others, each store is responsible for keeping the front of their establishment free of ice and snow. Another possibility could be that someone slips and falls on government property. There are cases of people who have suffered fall accidents in parking lots of post offices, tax offices or other government institutions. In these cases, things might get a little more complicated. Government entities enjoy sovereign immunity, which protects them from civil litigation. Nonetheless, this   immunity can be waived under certain circumstances. If you suffered a slip and fall injury on government property, contact a personal injury lawyer immediately to learn more about your legal options. 

What to Do If You Slip and Fall on Ice or Snow in NY?

The most crucial thing to do following a slip and fall accident on ice or snow is to get medical attention. Because of the adrenaline, some people do not feel pain and believe they are unharmed. Some injuries may not be apparent immediately following the accident, but they will worsen with time. As a result, it is recommended that you consult a doctor to ensure that you are not at risk. Contact a personal injury attorney. An experienced lawyer will help you through the legal process of filing an injury claim and building a strong case.

How to Prove Your Slip and Fall on Ice Injury Claim

It is not always easy to demonstrate that your injuries were caused by a slip and fall accident on ice caused by the property owner’s negligence. Nonetheless, doing the actions outlined below will increase your chances of receiving compensation. A critical step to take is to document the incident. Take photos and videos of the accident scene, making sure the snow or ice that caused you to slip is clearly visible. If anyone witnesses what happened, you can get their contact information so they can offer a statement about what they saw. A witness statement can be very helpful in building a strong case. Additionally, you must gather all medical documentation after you have been checked by a doctor. Keep your medical bills, test results and all documents related to the accident. Try to preserve the clothes and shoes you were wearing, this will help prove that even if you were wearing proper footwear and clothes, your accident could not be prevented.If your injuries were severe enough to keep you from working, you will need to obtain a letter from your employer proving that you were unable to work. You will also need to have copies of your pay stubs or contracts that show the amount of money you make to recover lost wages.

How Much Should I Settle for a Slip and Fall on Ice

Slip and fall accidents result in a wide range of injuries. Each injury is unique, and no two treatments will be the same. As a result, estimating the cost of your medical bills is difficult. Slip and fall accidents typically result in settlements ranging from $15,000 to $45,000. This does not necessarily imply that all settlements will fall inside this range. Some injuries, such as traumatic brain injuries or spinal cord injuries, can result in settlements far beyond $45,000.

New York Personal Injury Lawyer

Slip and fall accidents can be very painful and costly, especially if they keep you from working. If your accident was caused by a property owner’s negligence, you may be entitled for compensation. At Greenberg & Stein P.C. Our lawyers have vast experience handling slip and fall claims. Our legal team has recovered millions of dollars for our clients in court. If you believe you deserve compensation, we can help you take legal action. Call us at 212-969-8757 to schedule a free consultation with one of our lawyers to review your case.