Living in New York means you’re exposed to snow, ice, sleet, and hail for several months of the year. When heavy snowfall hits the Big Apple, many property owners scramble to remove the snow and ice from their driveways and walkways to ensure safe passage for pedestrians.
But you may wonder: Are property owners responsible for snow and ice removal, or is this ever the city’s responsibility? As our premises liability lawyer in NYC explains below, property owners are often liable for accidents that occur because they fail to remove snow and ice.
When Are Property Owners Responsible for Snow and Ice Removal?
As many as 97% of all weather-related injuries involve slips on ice and snow. Property owners have a duty to eliminate hazards on their premises and take the necessary steps to prevent such accidents from taking place.
Under New York City Code Section 16-123, property owners, occupants, tenants, lessees, and anyone else in charge of a building lot adjacent to a sidewalk are responsible for removing snow, ice, and other materials from sidewalks and gutters. The timeline for removal is within four hours of when snow has stopped falling, except between the hours of 9 p.m. and 7 a.m.
When snow is too frozen or hard-packed to remove, the property owner is responsible for spreading sand, salt, sawdust, or other materials to reduce the risk of slipping while walking on these surfaces and clearing the snow when the weather permits.
What Happens When Property Owners Fail To Clear Snow Within the Designated Time Frame?
New York statutes strictly require property owners to mitigate snow hazards within four hours of when snow ceases to fall. But what happens if a property owner fails to meet this time frame?
The city has the right to punish the property owner with the following fines:
- Between $10 and $150 for the first offense
- Between $150 and $250 for the second offense within a year
- Between $250 and $350 for the third offense and/or jail time for up to 10 days
Will the city actually knock on a person’s door and fine them if they do not remove snow within four hours? Probably not, but local authorities are legally permitted to do just that. Clearing snow as soon as possible protects property owners against fines and removes hazards that could cause visitors and passersby to slip.
Are Property Owners Liable for Falls on Snow?
Over 116,000 people experience injuries each year due to snowy, slushy, or icy pavements, and 25% of ice- and snow-related falls occur in parking lots. Whether they own a business property with sidewalks and parking lots or a home with a small stretch of sidewalk near the street, property owners need to think about their potential liability for slip-and-fall accidents.
When someone slips and falls on icy or snowy pavement on private property, the property owner may be responsible if:
- They knew or reasonably should have known about the unsafe condition yet failed to take steps to mitigate it
- They failed to clear the ice or snow in a timely manner
Meanwhile, if a property owner contracts a company to remove snow and ice and the company fails to clear the snow within a reasonable agreed-upon time, the company may be negligent for injuries — not the property owner. Speak with a New York premises liability lawyer for clarification about this exception.
Timely snow and ice removal can prevent accidents that property owners may be liable for on their premises. Commercial property owners also have a duty to provide notice of hazardous conditions so that visitors are aware of the potential for injury.
If you slipped and fell on snowy pavement on another person’s property, you may have the right to seek compensation by claiming property owner negligence.
When Is the City Responsible for Snow and Ice Removal?
The city is responsible for snow and ice removal on public roadways and city-owned property. You are not responsible for clearing the road outside your property unless it is technically part of your private property.
Many homeowners fail to understand that they are responsible for clearing their sidewalks, not just their driveways. If someone were to walk down the sidewalk past your house and slip and fall on ice, you might be subject to a premises liability claim.
If you slipped and fell on snow or ice on city property, you may be able to hold the city liable, though the guidelines for claims against the city are stricter than private claims. A New York premises liability lawyer can help you determine your next steps.
Partner With an Experienced NYC Premises Liability Lawyer
Proving negligence in premises liability cases involving snow and ice can be tricky. If you were the victim of this type of accident in New York, Ross & Hill Personal Injury Lawyers can help you protect your rights and seek compensation. Contact us today at 718-855-2324 to schedule a free consultation with a New York premises liability lawyer.
Frequently Asked Questions
Are landlords responsible for snow removal in NY?
A landlord’s responsibility for snow removal in NY should be outlined in the lease agreement. In some cases, the tenant may be responsible. A Brooklyn premises liability lawyer can advise you on how to interpret your lease correctly.
Do you need to shovel two inches of snow?
Yes, you should shovel two inches of snow. Even this small amount of snow can cause slip-and-fall injuries. Driving and walking over it will only compact it, making it more challenging to remove.
What compensation is available for injuries from snow and ice accidents?
People injured in snow and ice accidents can seek economic and non-economic damages. These can cover their medical expenses, time off work, pain and suffering, and other impacts from the accident. If you were injured in a snow or ice accident on another person’s property, contact our New York premises liability lawyers today.
