The key to recovering damages in a slip and fall case, or any personal injury claim, is to establish that there has been an act of negligence. Whether your slip and fall accident occurred on public, private, government, or commercial property, if the property owner failed to take reasonable precautions to protect the safety of those who are present on the property, a claim can be filed to seek compensation for all damages.

The law requires that property owners clear ice and snow once the snow has stopped falling. The hours of removal are specific, and New York City government lists them as follows:

• If the snowfall ends between 7 am and 5 pm, the property owner must clear sidewalks within 4 hours.
• If snowfall ends between 5 pm and 9 pm, the sidewalks must be cleared within 14 hours.
• If snowfall ends between 9 pm and 7 am, sidewalks must be cleared by 11 am.

In a perfect world, all would take responsibility, follow the laws, and do everything reasonably possible to keep others safe from harm. Unfortunately, this is not a perfect world. Every year, thousands of people slip and fall on New York City sidewalks, crosswalks, entryways, stairways and other areas. The question is — who can be held accountable?

Both federal and state laws are in place for worker protection. In a report entitled “The Price of Life,” it is revealed that nearly 20 percent of occupational fatalities occur in New York, even though the state’s economy only accounts for 4 percent of national employment. Working construction has inherent risks, but a failure to ensure construction workers have proper safety protections has left many families bereft after the death of a loved one, or facing the consequences of a loved one who is so severely injured that he or she can no longer work. The types of construction activities that have proven to be the most dangerous, as listed by the U.S. Department of Labor, include:

• Working at an elevation. Falls to a lower level made up 49 percent of the construction industry fatalities in two recent years. With 80 percent of roofing and siding contractors being found to be in violation of safety laws, workers have died needlessly.
• Electrocutions. Construction workers are often fatally injured when energized electrical lines come into contact with tools or other metal components.
• Struck by Object. Falling tools or other items endanger all those who are busy working below. As these injuries are frequently to the head and skull, either death or traumatic brain injuries with permanent consequences can occur.
• Caught in or Between. Workers that get caught in or between moving machinery, vehicles, items being moved by cranes or lifts, loaders, or other situations can leave a worker either permanently or fatally injured.

There’s no way to entirely eliminate the risk of a slip and fall on an icy sidewalk. However, with a little foresight, you can reduce the chances of a slip and fall. Consider taking these simple measures that increase safety for yourself and others over the long winter months.

• Keep the sidewalk in front of your home and business free of ice. Shovel away snow as soon as it falls to prevent accumulation and compression. If there is already ice, use a dissolving agent such as rock salt to melt it and scrape the remaining ice and snow off the sidewalk completely.
• In addition to salt, apply sand to slippery walking surfaces. Sand adds traction to the surface and makes it easier to walk on.
• Make sure your sidewalk is well lit. Slippery surfaces and poor lighting are a disaster waiting to happen. Keep any stairs illuminated with durable outdoor lights.
• Wear shoes with excellent traction. Carry other shoes with you and change when you reach your location, rather than wearing leather-soled or other footwear that make it more possible to slip in icy or snowy conditions.
• Walk cautiously when using sidewalks. During the winter, assume you are likely to encounter a slippery surface at any time. So, walk a little more slowly than usual and take cautious steps.
• Don’t place your hands in your pockets. A slip and fall is far more dangerous if you are unable to break your fall.
• Walk like a penguin. It sounds amusing, but walking with a wide stance, spreading your arms apart and “waddling” slightly widens your center of gravity. It will be harder to get knocked off your feet in slippery conditions.
• Try to keep your eyes ahead, rather than focused strictly on the ground. Walking while looking at the sidewalk can make it more possible to lose your balance.