Who is Responsible for Slip and Fall Accidents on Snow and Ice?

Slip and fall accidents are among the most common causes of personal injury claims in New York, especially during the winter months when snow and ice can create hazardous conditions. Under New York law, property owners and occupiers have a legal obligation to maintain their premises in a reasonably safe condition.

This duty extends to addressing snow and ice accumulation to prevent accidents. Consult a New York City slip and fall attorney to understand how premises liability law applies to slip and fall cases involving snow and ice.

Premises Liability Basics in New York

Premises liability is a legal doctrine that holds property owners, landlords, tenants, and other parties in control of a property responsible for injuries caused by unsafe conditions on the premises. To establish a premises liability claim in New York, an injured party must prove:

1. The defendant owned, occupied, or controlled the property where the accident occurred.
2. The defendant was negligent in maintaining the property or failed to take reasonable steps to remedy a known hazard.
3. The defendant’s negligence was a direct cause of the plaintiff’s injuries.
4. The plaintiff suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

When it comes to snow and ice slip and fall accidents, the question of negligence often centers on whether the property owner fulfilled their duty to address the hazard in a timely and reasonable manner.

Responsibilities of Property Owners During Winter

In New York, property owners have a duty to clear snow and ice from sidewalks, walkways, and other areas under their control. This duty applies to both residential and commercial property owners. However, the scope of their responsibility depends on the type of property and its location:

1. Residential Property Owners: Homeowners are generally responsible for keeping their driveways, walkways, and adjacent sidewalks clear of snow and ice. However, single-family homeowners in certain municipalities may not be liable for injuries occurring on sidewalks unless they created or exacerbated the hazardous condition.
2. Commercial Property Owners: Owners of commercial properties, including apartment buildings, office spaces, and retail establishments, bear a greater responsibility to ensure safe conditions for visitors and tenants. This includes clearing snow and ice promptly and taking steps to prevent ice from forming, such as salting or sanding.
3. Municipal Sidewalks: In New York City, for example, property owners are responsible for maintaining the sidewalks adjacent to their property, including removing snow and ice. Failing to do so can result in liability for slip and fall injuries.

NYC Snow Removal Rules

New York City imposes specific snow removal requirements to ensure pedestrian safety during winter. Property owners must comply with these rules, as the City does not clean or remove snow or ice from sidewalks in front of residential or commercial properties. These regulations include:

Clearing Snow: Property owners must clear snow and ice to create a path at least 4 feet wide. Corner property owners must also clear paths to crosswalks, including pedestrian ramps.

Timelines: Snow removal must be completed within:

• 4 hours if snow stops between 7 AM and 5 PM.
• 14 hours if snow stops between 5 PM and 9 PM.
• By 11 AM the next day if snow stops between 9 PM and 7 AM.

Frozen Conditions: If snow or ice becomes frozen, granular material such as salt or sand must be applied within the same timeframe.

Prohibitions: Shoveling snow into the street is not allowed.

Exemptions apply under Section 7-210 of the NYC Administrative Code for owner-occupied one-, two-, or three-family residential properties used exclusively for residential purposes.

Failure to comply may result in fines from the Department of Sanitation (DSNY). Understanding and adhering to these rules can help avoid penalties and liability for accidents.

The “Storm in Progress” Defense

One of the most common defenses used by property owners in snow and ice slip and fall cases is the “storm in progress” doctrine. Under this rule, property owners are not required to clear snow or ice while a storm is ongoing. They are only obligated to take action within a reasonable time after the storm has stopped. This defense can pose a significant hurdle for plaintiffs, as it shifts the focus to the timing of the accident and the weather conditions at that time.

Comparative Negligence in Snow and Ice Cases

New York follows a comparative negligence rule, which means that a plaintiff’s recovery can be reduced by their percentage of fault in causing the accident. For instance, if a plaintiff was wearing inappropriate footwear for icy conditions or failed to exercise caution despite obvious hazards, their compensation could be diminished. Property owners and their insurers often use this argument to limit liability.

Proving Negligence in Snow and Ice Slip and Fall Cases

To succeed in a premises liability claim involving snow and ice, plaintiffs must present compelling evidence of the property owner’s negligence. Key evidence might include:

• Photographs or Videos: Documenting the condition of the property and the presence of snow or ice shortly after the accident.
• Weather Reports: Establishing the timing of the storm and whether the property owner had a reasonable opportunity to address the hazard.
• Witness Statements: Testimony from individuals who observed the hazardous condition or the lack of maintenance efforts.
• Maintenance Records: Demonstrating whether the property owner regularly cleared snow and ice or used salt or sand to mitigate slippery conditions.

Exceptions and Special Considerations

Certain circumstances can complicate snow and ice slip and fall cases. For example:

• Snow Removal Contractors: If a property owner hires a contractor to clear snow and ice, the contractor could share liability if their negligence contributed to the hazardous condition.
• Municipal Liability: Pursuing a claim against a municipality for injuries on public property requires compliance with strict notice and filing requirements, often within 90 days of the incident.

Contact Leandros A. Vrionedes

If you or a loved one has been injured in a slip-and-fall accident caused by snow or ice, it is important to act quickly to protect your legal rights. Leandros A. Vrionedes, P.C. can help you navigate the complexities of New York’s premises liability laws and pursue the compensation you deserve. Contact our office today to schedule a free consultation and discuss your case.