NEW YORK CITY
SNOW AND ICE ACCIDENT LAWYER
New York looks beautiful with a glowing coat of snow, but getting around can become challenging and dangerous, whether by car or on foot. A property owner may be liable if they create or do not alleviate a dangerous condition and somebody gets hurt. You can find out if you have a claim for injuries sustained as a result of snow and ice by calling New York City Snow and Ice Lawyer, Wittenstein & Wittenstein. We’ve been handling snow and ice accident cases for over 60 years, benefit from 0ur experience by calling us first.
RESPONSIBILITIES OF PROPERTY OWNERS DURING SNOW STORMS
New York City requires that snow and ice be completely removed AFTER a snow storm has ended. Property owners are not responsible for injuries caused by snow while it is still falling. That said, many property owners will take precautions such as putting down salt during a storm to minimize the chance of injuries, and to make the snow easier to remove once the storm ends. Store owners can have employees mopping up the snow and ice that’s tracked in, and can put up signs warning of slippery floors. There are services that can be employed to remove snow and ice as soon as a storm ends. They can provide adequate lighting so that hazards are visible. If you’ve been injured in a snow and ice related accident, a call to a New York City snow and ice accident lawyer can provide you with valuable information about your right to compensation.
Even though property owners have limited liability during a storm for snow and ice that accumulates, they can be responsible for hazards that increase the chance of an accident such as broken gutter systems, clogged drains, sloping or cracked parking lots or holes that are obscured by snow. What is considered “reasonable care” for snow and ice removal depends very much on the location, time of year and the layout of the particular property. Property owners are also liable when they make the condition worse with their actions. For example, if they melt snow that refreezes into a sheet of ice, creating a danger much worse than the snow accumulation, they can be held liable for injuries that result.
Pedestrians and drivers also have a duty to use a higher standard of care during and after a snow storm. Drivers are expected to travel below the speed limit in these conditions. Pedestrians are expected to be exceedingly careful and wear appropriate rubber soled footwear. The courts will take a plaintiff’s carelessness into account and reduce their damages by the amount that they contributed to the accident. For example, a lady wearing leather soled high heeled boots during or after a storm, would likely have any recovery substantially reduced by her contribution to the dangerous condition. Similarly, somebody that falls on ice because they are looking at their phone and texting while walking, would face a deduction for comparative negligence. If you are wondering if you might have contributed to your snow and ice accident, a call to a New York City Snow and Ice Accident Attorney will get you the information you are seeking.