Slip and Fall Accidents — Who Is At Fault?
A slip and fall accident can be very dangerous, and many are seriously injured every year in New York. The winter months pose greater risks due to the ice and snow brought in by storm systems. Under New York law, property owners or managers are required to clear the ice and snow accumulated in public walking areas, but in many cases, property owners fail to follow the rules — and innocent pedestrians pay the price.
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?
Negligence and Slip and Fall Cases in New York
The answer lies in the legal concept of negligence. Did the property owner fail to remove snow or ice, or fail to warn a visitor to the property of the risk of a slip and fall? Who owned the property — a homeowner, commercial enterprise, government agency, or the City? Once the negligent party or parties are identified, an injury claim can be filed to recover compensation for the slip and fall accident. It is strongly advised that you get legal help from a skilled slip and fall lawyer in New York. Based on the initial investigation to identify the liable parties, there may be a very limited window of time in which to legally file an injury claim.
If the slip and fall occurred on the street, on public property, there is far less time in which to file an injury claim than cases involving a private party. It is advised that you discuss your situation with a qualified lawyer to help you determine what to do, and the deadlines that must be met. If you fail to file within the statute of limitations, there is literally no case, and no chance to seek financial compensation or get the justice you deserve.
Talk to a Slip and Fall Lawyer Who Has a Long Record of Success
Attorney Justin Brandel is an advocate for the injured, and has made it his mission and his life’s work to help them seek justice. With an extensive track record of high value settlements and verdicts, you can be fully confident that everything possible will be done to help you pursue the maximum level of compensation in your case.
- February 22, 2016
- 8:53 pm