New York winters are notoriously harsh, bringing brutal snowstorms and hazardous icicles. When property owners fail to address these dangers, devastating injuries can occur. If you have been injured by falling snow or ice, you might be asking, “Can I sue the property owner?” The answer depends on whether the property owner’s negligence can be proven. Please continue reading as we delve into the factors that determine whether you have a valid claim for damages and how our experienced Westchester County Slip and Fall Accident Attorneys can assist you in pursuing the compensation you deserve.
What Duty Do New York Property Owners Have to Prevent Falling Ice or Snow Incidents?
In the United States, premises liability laws establish a general standard of reasonable care for all visitors. Specifically, in New York, these laws mandate that property owners and occupiers are responsible for maintaining a safe environment and providing warnings about hidden hazards. This encompasses inspecting areas prone to snow and ice accumulation, removing dangerous buildups within a reasonable timeframe after a storm passes, and posting warnings if immediate removal is not feasible. If a property owner disregards these responsibilities and an individual suffers harm as a result, the owner may be legally accountable for your losses.
It should be noted that property owners are not liable for every accident that transpires on their premises. New York courts apply a “reasonableness standard,” which means liability only exists if the owner failed to act as a reasonable person would under comparable circumstances. The following includes, but is not limited to, examples of negligence:
- Permitting large icicles to remain suspended over a frequently used sidewalk for an extended period following a storm.
- Disregarding repeated complaints regarding falling snow or ice from a roof, awning, or ledge.
- Failing to block off or provide warnings about a hazardous area.
Property owners may not be liable for hazards resulting from ice or snow that fell during an active storm or immediately thereafter. They are only obligated to clear such hazards once they have been afforded a reasonable opportunity to do so. If ice remains days after a storm concluded without warning signs, barriers, or removal, the owner may be held liable for not addressing the danger promptly.
How Long Do I Have to File a Lawsuit?
In New York, victims of snow or ice accidents generally have three years to file a personal injury claim. However, for claims against government agencies, the statute of limitations is much shorter. A “Notice of Claim” must be filed within 90 days of the accident to inform the government entity of a potential claim for damages. This allows the agency adequate time to investigate the claim’s merits and potentially reach a settlement before litigation. Failure to file your claim within the right timeframe can result in the absolute bar of recovery.
As you can see, navigating premises liability claims in New York, especially those involving ice or snow, can be complex. If you have been injured due to a property owner’s negligence in preventing known hazards, seeking legal counsel is crucial to ensure your rights are protected and to pursue the compensation you need to get your life back on track.