Snow And Ice Slip And Fall Lawyer

Winter in New York can be beautiful until the melted snow refreezes into treacherous ice on sidewalks and pavements. After a heavy snowstorm, residents and visitors alike often navigate slippery walkways that haven’t been properly cleared. While a fall on ice might seem like an unfortunate accident, in many cases it results from neglect that could have been prevented and the law recognizes this.

The Hidden Hazards of Winter Weather

Walking down a sidewalk that hasn’t been cleared following a snowstorm is risky. Ice-covered pavement can easily cause a slip and fall leading to injuries ranging from bruises and sprains to broken bones, concussions, or even long-term disability. These injuries not only impact health, but can also result in significant medical bills, lost work time, and ongoing pain and suffering.

Who Is Responsible for Clearing Snow and Ice?

In New York City, there are clear legal rules about snow and ice removal and they matter when someone gets hurt:
Under New York City Administrative Code § 16-123, property owners, tenants, occupants, lessees, or anyone in charge of a building or lot that borders a sidewalk must clear snow and ice from the sidewalk and gutter within specified timeframes after a storm ends. These timeframes vary depending on when the snow stopped, but generally require action within hours (and not just days) after a storm. If ice is too solid to shovel, the law requires spreading sand, salt, sawdust, or similar materials to reduce slipping hazards.

Separate from this, NYC Administrative Code § 7-210 imposes a nondelegable duty on property owners to maintain adjacent sidewalks in a reasonably safe condition. This means landlords and owners may be held responsible even if they hired someone else like a snow removal contractor because the duty to keep the sidewalk safe cannot be shifted away.

These rules serve a clear public safety purpose: helping ensure that pedestrians aren’t put at unnecessary risk after winter storms.
What Happens When You Get Hurt?

If you slip and fall on snow or ice that wasn’t cleared properly, you may have legal recourse but it depends on several key elements:

1. Duty of Care

You must show that someone owed you a duty to keep the pavement safe. In many urban settings, this is often the property owner, tenant, or person responsible under city code.

2. Breach of Duty

Next, you need to show that this duty was breached, that the responsible party failed to clear the snow or ice within a reasonable time, allowed dangerous conditions to persist, or even made the situation worse (for example, by piling snow incorrectly or allowing melting and refreezing).

3. Causation

You must be able to show that the unsafe condition directly caused your fall and resulting injuries. Photos of the scene, witness statements, and weather records can help establish this link.

4. Damage

Finally, you must prove that you suffered real harm whether medical expenses, lost income, or physical pain and suffering that resulted from the fall.
Special Rules: Storm-in-Progress and Municipal Liability

New York law often recognizes a “storm-in-progress” rule: property owners are generally not liable for injuries that occur during an active snowstorm, because they can’t be expected to clear snow that’s still falling. However, if a hazard was made worse by someone’s negligence, liability can still arise.
Moreover, while property owners are responsible for adjacent sidewalks in most cases, the City itself can sometimes be responsible particularly for sidewalks next to one, two, or three-family residential homes that are owner-occupied, or where special circumstances apply. If claiming against the city, strict notice requirements and shorter filing deadlines often apply.

Common Defenses and Challenges

Defendants in these cases (property owners or cities) often argue that:

The snow and ice hazard was the result of a storm-in-progress.
They did not have sufficient time or notice to clear the hazard before the accident occurred.
The condition was obvious and a reasonable person should have avoided it.
These defenses highlight why evidence like timestamps on photos and weather reports can be critical.

Why Acting Quickly Matters

Since snow and ice can melt or be cleared after an incident, crucial evidence disappears fast. If injured, it’s wise to:
Take photos immediately
Get contact information from witnesses
Seek medical treatment right away
Consult an attorney familiar with winter slip-and-fall cases
Delaying these steps may weaken your ability to prove negligence.

Conclusion

Slipping on icy, uncleared sidewalks after a New York winter snowstorm isn’t just a minor inconvenience, it can be a serious injury with lasting consequences. When those injuries stem from someone’s failure to act whether a negligent property owner, snow removal contractor, or even a municipality the law provides pathways to seek compensation.

Understanding your rights and the responsibilities of others under New York’s Administrative Code is essential. With proper documentation and legal guidance, you may be able to hold the at-fault party accountable and secure recovery for your losses.

If you need an experienced Personal Injury attorney to represent you after a horrific accident from a snow or ice slip and fall injury, contact us immediately. We will be more than happy to help and can offer you a free consultation. Remember, you only pay if you win!