A snowstorm can be beautiful, but winter weather can leave behind slipping hazards that lead to serious injuries. This is why the law often has to be clear about who is responsible for removing snow or ice from walkways. If someone doesn’t take their responsibility, someone could get hurt. If you or a loved one has fallen and gotten injured, our Westchester County sidewalk accident attorneys want to help you fight for the compensation that you deserve.
Who Has to Handle Snow or Ice Removal In Front of a Property?
In most cases, a sidewalk in front of a property needs to be maintained by the owner of that property. This can be true for single-family homes, businesses, and multi-family dwellings like apartment buildings.
If someone rents a home or an apartment in a multi-family dwelling, it is often the landlord who is responsible for snow or ice removal. However, a lease agreement that gives a tenant responsibility for clearing the sidewalks is not illegal. If the tenant and owner agree to such terms, then the tenant needs to take care of snow or ice removal, including around areas like bus stops or fire hydrants.
Who Can You Sue for Negligent Snow and Ice Removal in New York?
In accordance with New York state law, you can file a claim against the following individuals for negligent snow removal:
- Homeowners
- Business owners
- Landlords
- Property managers
- Commercial businesses
Essentially, if the walkway is not cleared in a timely manner and you are injured as a result, you may face liability for the injuries you have suffered. As such, anyone who is legally responsible for maintaining the property can face legal action if they are injured due to neglected winter maintenance duties throughout Westchester County.
It’s important to understand that in some instances, tenants may be responsible for sidewalks if there are specific clauses in the lease that shift snow removal responsibilities to them. As such, they would ultimately face liability in these matters.
Is There a Time Limit For Snow or Ice Removal?
It is also important for property owners to make the sidewalk safe within a certain time frame, but different towns and cities often have their own specific rules about that. In White Plains, you have until two hours after the storm ends to clear a path or until 10 AM the next morning if it snowed during the night. This applies to businesses and apartment buildings. Owners of single-family homes have 10 hours to clear snow or ice.
This is why it’s important to carefully note the time of your accident if you fall on someone’s sidewalk. The person responsible for keeping this walkway clear could be in violation of the law.
Because local ordinances vary, whether your slip and fall occurred on a commercial sidewalk in Yonkers, New Rochelle, Mount Vernon, or Scarsdale, proving the property manager violated these specific local timeframes is foundational to a successful premises liability claim.
Can Someone Sue If Snow or Ice Removal Is Not Taken Care Of?
Yes, someone who slips and falls on an icy sidewalk may be able to sue. As we have explained, it should be clear who is responsible for removing snow or ice and how long they have to accomplish this task. Someone who ignores that responsibility is being negligent, and that negligence can lead to falls and injuries.
What Do You Need to Prove in a New York Slip and Fall Lawsuit?
To successfully hold a property owner liable for a slip and fall injury in New York, you must build a strong evidentiary case within the state’s three-year statute of limitations. You will need to prove the following:
- You were on a part of the property where visitors are usually allowed and expected to be.
- You were paying sufficient attention to where you were walking (e.g., not distracted by your phone).
- You were wearing appropriate winter footwear.
- The dangerous accumulation of ice or snow was not cordoned off by safety cones or warning signage.
- The hazardous condition was not reasonably obvious to you before the fall.
Understanding New York’s Pure Comparative Negligence Rule
In the event your case proceeds to a trial, in accordance with New York’s comparative negligence law, your compensation will be awarded based on your percentage of fault in the accident. For example, if a jury finds that you are 20% liable for the accident because you were texting, your final award would be reduced by 20%.
When Should I Talk to a Lawyer?
If you fall on someone else’s icy sidewalk, you should talk to a lawyer as soon as possible. A lawyer can tell you if you have a valid case, and they can help you gather evidence or talk to witnesses that can help make your case stronger. Proving negligence on your own can be tough. A personal injury attorney can help.
Contact Our Slip and Fall Attorneys
If you are ready to learn more about how our experienced attorneys can be of assistance, contact Hausman Law Group today. We can schedule a free initial consultation and tell you more about your legal options.