Navigating New York’s busy streets in the wintertime can be extremely dangerous. Slipping on snow-covered or icy surfaces can leave you with serious injuries. But who is liable for these accidents, and can you file a compensation claim if you sustain injuries?
Learn more about liability determination and how a slip-and-fall accident attorney may approach these cases. Below, the team at Ross & Hill explains the ins and outs of premises liability lawsuits regarding snow and ice hazards. Contact our firm to discuss your case with a respected slip-and-fall lawyer in New York.
Recognize the Dangers of Slip-and-Fall Accidents
Taking a tumble on a slippery or unsteady surface is quite serious, and various data reflect that. The National Safety Council reports that falls make up 21% of preventable injury deaths. Accidental falls are also the leading cause of preventable non-fatal injuries, making up 35% of reported incidents.
The prevalence of medically consulted fall injuries is staggering. According to data from Old Dominion University, someone receives treatment for a fall-related injury in the emergency room every 18 seconds. The institution also reports that 90% of all hip fractures are due to accidental falls.
New Yorkers can sustain injuries when they slip on a wet floor or miss a step while climbing interior stairs. However, many consult a slip-and-fall accident attorney after they injure themselves in snowy, icy conditions. Slipping on a patch of ice or slush-covered surfaces could cause various injuries, including:
- Bone fractures
- Sprained muscles or ligaments
- Bruises and scrapes
- Traumatic brain injuries
Some people experience psychological trauma as well. It’s not uncommon for injured individuals to report feeling depressed, anxious, or fearful following their fall.
Understanding New York Premises Liability Law
Are you able to file a personal injury claim after a wintertime slip and fall? It’s possible, but you must prove the main elements of negligence in a premises liability case:
- Duty of care: Property owners, including business owners and residential landlords, have a duty to keep their property in reasonably safe conditions for occupants and lawful visitors.
- Breach of duty: The owner breaches their duty of care by failing to take reasonable measures to keep their property safe, such as removing snow or de-icing pathways.
- Hazard recognition: A property owner may be liable if they created a hazard, knew about unsafe conditions, or should have known about them.
- Causation: Plaintiffs need to show a direct link between the owner’s breach of duty and their injury.
- Damages: An injured party will need to sustain damages due to the owner’s negligence, such as a physical injury or pain and suffering.
Consult a slip-and-fall accident attorney if you’re not sure if your case meets the above criteria.
Who Is Liable in Slip-and-Fall Cases Involving Snow and Ice?
Determining liability for snow and ice-related slip-and-fall injuries can be complex. If you were to ask a winter slip-and-fall accident lawyer in NYC who is often liable in these cases, they may tell you:
- Residential property owners: Apartment building owners and landlords may be liable for injuries that occur on the premises due to winter hazards.
- Business owners: It’s a commercial property owner’s responsibility to maintain reasonably safe conditions for employees, customers, and other guests.
- Government entities: In some circumstances, the local government may be held liable for slip-and-fall injuries that occur on public property.
- Contractors: Snow removal contractors that work alongside property owners could share liability, depending on the circumstances.
In some cases, the injured party may be partially at fault for their injuries. For example, imagine a building has both stairs and a handicap ramp leading to its door, but only the ramp is free of snow and ice. If someone notices this but uses the stairs, the court may find them partially responsible for any injuries they claim in a premises liability suit.
New York’s comparative negligence rule dictates that liable plaintiffs will see potential settlements reduced according to their percentage of fault. In the example given above, say the court finds both the plaintiff and the property owner 50% at fault. If the case settles for $20,000, the plaintiff would only receive half of that amount for their comparative negligence.
What To Do After You Become Injured Due to Unsafe Property Conditions
Taking legal action may be possible after you slip and fall on a snowy or icy surface. But before you even think of researching slip-and-fall accident attorneys, there are a few other steps to prioritize.
In the immediate aftermath of your fall, document the scene and talk to nearby witnesses. Take photos of the surroundings to highlight any unsafe conditions on the property. Collect the names and numbers of bystanders who saw you fall.
You should also contact the property owner to report the accident. Visit a doctor to assess your injuries and receive the proper treatment. Even if you feel fine after taking a tumble, injury symptoms may appear days later.
Finally, reach out to a premises liability lawyer in New York.
Understanding Damages in Premises Liability Compensation Claims
If you pursue a premises liability suit, you may be able to claim both economic and non-economic damages, including compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
Consumer Shield reports that the average personal injury case settlement amount is $40,500. However, it’s important to note that compensation is never a certain outcome. Plaintiffs who do receive financial compensation may find their damages to be much higher or lower than this amount, depending on the scope of their losses.
For example, someone who sustains a traumatic brain injury and spinal cord damage may have a higher insurance payout than someone who has a few bruises.
Consult a Winter Slip-and-Fall Accident Lawyer in NYC for Legal Advice
Taking the appropriate steps after a slip-and-fall accident could help if you wish to pursue a premises liability claim. After documenting the scene and receiving medical care, reach out to a slip-and-fall accident attorney about your next steps. Depending on your case’s circumstances, you may be able to pursue compensation from a liable property owner.
Contact the attorneys at Ross & Hill if you find yourself in this situation. We have represented over 2,500 clients in the 40-year history of our firm and are committed to seeking fair resolutions to slip-and-fall cases. Submit our online request form or call (646) 351-6222 to schedule a consultation with one of our experienced attorneys.
Frequently Asked Questions
Do you have unanswered questions about premises liability law or what to do after a wintertime slip and fall? Explore common inquiries and answers below.
What Evidence Might a Premises Liability Lawyer in New York Review in a Slip-and-Fall Case?
Lawyers could review evidence like surveillance footage, photos of the scene, witness statements, and testimony from expert witnesses.
What Defense Tactics Can Property Owners Use To Dispute Liability in Winter Slip-and-Fall Accidents?
Property owners may use the “storm in progress” doctrine in their defense. This strategy focuses on the timing of the winter weather and the acceptable timeframe for clearing snow and ice.
How Long Do I Have To File a Premises Liability Claim?
Filing deadlines for New York premises liability claims vary. Plaintiffs generally have three years to file a suit, though the deadline is shorter for those suing a municipality. The timeframe can also differ for minors and those with legal disabilities.
Do I Have To Pay a Slip-and-Fall Accident Attorney Up Front?
No, personal injury lawyers generally don’t charge clients any upfront legal fees. Many firms only charge clients if their lawyer successfully resolves the case.
