Accidents on a Snowy or Icy Sidewalk

New York City receives considerable amounts of snow and ice every winter that can lead to dangerous situations, such as an icy sidewalk. It is a matter of public safety that sidewalks are kept free of ice and snow during this time. Property owners, occupiers, and the city all have a duty to keep sidewalks around their premises clear of icy and snowy conditions to prevent accidents and injuries. At The Law Offices of Justin D. Brandel in New York, our team of highly qualified legal professionals is here to help you navigate the complicated process of filing a claim for damages after being injured on an icy or snowy sidewalk. Call or contact the office today to learn more about your legal options.

Who is Responsible for Ice and Snow Accidents?

In order to protect the safety and well-being of its citizens, New York has laws in place that require the timely removal of ice and snow from sidewalks. Generally speaking, property owners and occupiers have four hours from the time that snow stops falling to remove ice and snow from the sidewalks surrounding their premises. It must be done in a way that does not create further hazards, such as piling the snow in a place that blocks a crosswalk, and when hard ice cannot be removed the property owner or manager must spread sawdust or other materials to minimize the dangerous condition for others.

The only exception to this rule is when snow stops falling between 9:00 p.m. and 7:00 a.m., in which case the four hour limit begins tolling at 7:00 the next morning. Those property owners and occupiers who do not clear the ice and snow from their surrounding sidewalks face fines and jail time for multiple violations in addition to facing civil liability for any injuries that result from their negligence.

Snow and Ice Liability for Property Owners

Under New York premises liability laws, property owners and occupiers may be held liable for any injuries that result from icy or snowy sidewalks on their premises if they are negligent in properly clearing the space of hazards. In order to hold property owners or managers liable in an accident involving icy or snowy sidewalks, the following elements must be proven to the court:

The property owner or occupier created a hazardous condition by not clearing the ice and snow from the sidewalk in a timely manner
They knew about the ice or snow and did nothing to correct the conditions, or
Should have known about the icy and snowy sidewalks because a reasonable person maintaining the property would have discovered and corrected the hazardous condition

Premises liability law applies to all property owners, occupiers, and managers of commercial and residential spaces. If a snow removal company has been contracted to remove ice and snow from a property’s sidewalks and fails to do so before an accident occurs, the snow removal company may share in the liability with the premise’s owner or occupier. Furthermore, if the sidewalk is maintained by a government agency, they may also be held liable for any injuries caused by an accident on their icy and snowy sidewalks. Talk to a lawyer today to determine who may be liable in your case after an accident on an icy or snowy sidewalk in New York.

Injuries Caused by a Snowy or Icy Sidewalk

Ice and snow on sidewalks might not seem like a serious issue, but accidents caused by icy and snowy sidewalks can cause devastating injuries for victims. In some cases, the injuries can be so severe they result in permanent disability and even death. Some of the most common injuries caused by accidents on icy and snowy sidewalks include the following:

Head injuries
Traumatic brain injuries
Neck injuries
Facial trauma
Broken bones
Sprains and strains
Torn tendons and ligaments
Nerve damage
Frostbite, and more.

An experienced personal injury attorney will be able to review the facts of your case to determine what you are owed for your injuries after an accident on an ice or snow-covered sidewalk in New York.

Compensation for Injuries Caused by Icy and Snowy Sidewalks

Compensation for injuries caused by icy and snowy sidewalks includes payment for both economic and noneconomic damages. Economic damages refer to all out of pocket costs incurred by the injuries caused by icy and snowy sidewalks. This can include all medical bills, lost wages, property damage, and loss of future income and benefits. Noneconomic damages compensate the victim for their pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life caused by their injuries. In the worst ice and snow accidents on New York sidewalks, the injuries can be fatal for victims. When a victim dies, their family can seek compensation in the form of a wrongful death lawsuit.

Compensation for wrongful death includes payment for all final medical expenses, any pain and suffering of the victim, funeral and burial expenses, and for the loss of love, companionship, guidance, and counsel of the deceased.

It is important that you speak with an experienced New York personal injury attorney as soon as possible after an accident, as state law only allows a short window of time in which to file a claim for damages. Personal injury claims against business owners and other negligence claims must be filed within three years from the date of the accident, and wrongful death claims must be filed within two years of the date of death. For cases against the city for icy and snowy sidewalk claims, a notice must be filed within 90 days of the accident.

Talk to Our Office Today About Injuries Due to Icy Sidewalks

Ice and snow on sidewalks cause countless injuries and worse in New York City every winter. If you or a loved one has suffered injuries due to snowy and icy sidewalks it is critical that you speak with an experienced New York personal injury attorney right away. Call the office or contact us today at The Law Offices of Justin D. Brandel to schedule a consultation of your case.

November 3, 2020
7:19 pm

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