Responsibility for Snow and Ice Removal from New York Sidewalks
This post will address who is responsible for snow and ice removal from New York sidewalks.
Duty to Remove Snow and Ice
We are all aware of the dangers that snow and ice pose to pedestrians walking on our public sidewalks and walkways. A slip and fall on a dangerous snow or ice condition may result in serious personal injury. Nevertheless, in New York State, the law provides that the owner of real property is under no obligation to remove snow and ice that naturally accumulates upon the sidewalk that abuts the owner’s property. (
Stewart v. Yeshiva Nachlas Haleviym, 186 A.D.2d 731, 589 N.Y.S.2d 792). The property owner is thereby insulated from liability no matter how long the snow or ice is allowed to remain on the sidewalk in front of the property.
The City of New York has enacted such an ordinance that imposes tort liability upon real property owners for dangerous conditions upon the sidewalk abutting their property, including snow and ice.
There are certain exceptions to this rule where the property owner may be found liable. The first is where a statute or ordinance specifically imposes tort liability for failing to do so. The second, if there is no such statute or ordinance, is where the property owner undertakes snow or ice removal efforts and actually makes the naturally-occurring condition more hazardous than if nothing was done at all. (
Lin v. Yam, 62 A.D.3d 740, 879 N.Y.S.2d 172).
New York State
From a legal perspective, if you live in New York State and own real property, the law favors you not doing anything in relation to removing snow and ice from the sidewalks abutting your property, unless there is a specific statute or ordinance imposing tort liability for your failure to do so.
New York City
The City of New York has enacted such an ordinance that imposes tort liability upon real property owners for dangerous conditions upon the sidewalk abutting their property, including snow and ice. An exclusion, however, is made for owners of one, two and three family residential real property that is, in whole or in part, owner occupied, and used exclusively for residential purposes.
§ 7-210. Liability of real property owner for failure to maintain Sidewalk in a reasonably safe condition.
a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes.
c. Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition.
This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is commenced, including any provisions requiring prior notice to the city of defective conditions.
What this means is that New York City has relieved itself from tort liability for dangerous condition upon its sidewalks, except for in relation to smaller residential properties. It is not hard to imagine why the City chose this course, given the vast amount of sidewalks it was required to maintain throughout the Five Boroughs. The real question might be why did the City wait so long to impose this change? The other, more important, question in relation to sidewalk safety is whether these commercial and large residential
property owners will do a better job in maintaining and repairing the sidewalks abutting their property throughout New York City. The jury may still be out on that one.
Personal Injury Lawyer
If you have been injured due to a slip and fall on snow and ice, you should speak with a New York personal injury lawyer as soon as possible to protect your rights.
