Snow and Ice upon City Sidewalks
When is the City of New York City responsible for slip and fall accidents involving snow and ice?
Snow and ice upon a sidewalk can create an dangerous slipping condition. Slip and fall accidents can result in serious injuries including fracture and torn ligaments.
In New York, it is well established that the City of New York will not be held liable for accidents resulting from snow or ice on its sidewalks unless a reasonable time has elapsed between the end of the storm giving rise to the icy condition and the occurrence of the accident. Cooke v. City of New York, 300 A.D.2d 338, 751 N.Y.S.2d 536 (2ndDept. 2002).
However, where the City’s snow-removal efforts create the icy condition or exacerbate a natural hazard created by the storm, the City may be found liable even when a storm is still in progress. Brightley v. City of New York, 29 A.D.3d 926, 815 N.Y.S.2d 731 (2nd Dept. 2006) (triable issue of fact existed as to whether the defendant’s snow-removal efforts created icy condition or exacerbated natural hazard created by storm). See also, Grillo v. Brooklyn Hosp., 280 A.D.2d 452, 720 N.Y.S.2d 519 (2nd Dept. 2001) (triable issue of fact existed as to whether the ice on which the plaintiff slipped and fell was formed when piles of snow created by the defendant during a prior storm melted and refroze).
A timely investigation into the cause the accident and the surrounding circumstances can make all the difference in helping you to obtain the just compensation you deserve for your injuries.It must be remembered that the City of New York is not always responsible for the removal of snow and ice from the public sidewalks. Under certain situations it is the duty of the abutting property owner. See, Administrative Code of the City of New York § 7-210.
The relation to when a property owner may be found liable for a slip and fall accident upon a public sidewalk due to a dangerous ice or snow condition and who the responsible party or parties can be complex.
Personal Injury Lawyer
If you or a loved one has been injury as a result of a slip and fall accident upon a New York City sidewalk it is important to protect your rights and speak to an experienced personal injury lawyer as soon as possible. A timely investigation into the cause the accident and the surrounding circumstances can make all the difference in helping you to obtain the just compensation you deserve for your injuries.