Winter weather creates hazardous conditions that increase your risk of slip-and-fall accidents. When property owners fail to maintain safe premises during snowy and icy conditions, you may have grounds for legal action, so you should speak with a premises liability lawyer in NYC.
Ross & Hill helps injured individuals understand their rights after winter-related accidents. In this guide, the firm explains how a New York premises liability lawyer can help protect your interests.
Common Winter Slip-and-Fall Injuries That Lead to Premises Liability Claims
Winter weather conditions create unique hazards that can lead to severe injuries when property owners fail to maintain safe premises. Ice and snow significantly increase the risk of slip-and-fall accidents, especially on poorly maintained walkways and stairs. Understanding these common injuries helps demonstrate why proper winter maintenance is crucial for public safety.
Hazardous winter conditions frequently cause the following:
- Fractures and broken bones: The impact of falling on hard, icy surfaces commonly causes broken wrists, ankles, and hips. These injuries often require surgery and extensive rehabilitation.
- Back and neck injuries: Sudden falls can cause herniated discs, muscle strains, and other painful spine conditions that may require long-term medical treatment.
- Head trauma and concussions: Falls on ice frequently cause victims to hit their heads, leading to traumatic brain injuries that range from mild concussions to severe trauma.
- Soft tissue damage: The forceful twisting motions during a fall can tear ligaments, tendons, and muscles, particularly in knees, shoulders, and ankles. Recovery may require physical therapy and rehabilitation.
- Spinal cord injuries: Severe falls can damage the spinal cord, potentially causing partial or complete paralysis and requiring lifelong medical care.
- Joint injuries: The impact and awkward landing positions during winter falls commonly damage joints, particularly knees, shoulders, and hips. These injuries may lead to chronic pain and reduced mobility.
Over 680,000 people die from falls each year, and many of these accidents occur in unsafe conditions. When you fall and are injured on someone’s property, you can suffer long-term consequences. Issues related to neck pain rank as the fourth-leading cause of disability worldwide.
Understanding Property Owner Responsibilities During Winter Weather
Property owners and managers must take reasonable precautions to prevent slip-and-fall accidents. Their duty of care includes removing snow and ice within a reasonable timeframe. Your New York premises liability lawyer can help you understand whether any breach of duty of care occurred, causing your accident.
New York City administrative code requires the following:
- Clearing snow and ice from sidewalks within four hours after snow stops falling
- Treating icy surfaces with salt, sand, or similar materials
- Maintaining safe entry and exit points for buildings
- Installing proper lighting and warning signs in hazardous areas
How a New York City Premises Liability Lawyer Proves Negligence
Winter slip-and-fall cases require thorough documentation to establish property owner negligence. Building a strong premises liability claim involves gathering evidence like weather records, maintenance logs, and surveillance footage. Your attorney will work to demonstrate that the property owner failed to uphold their legal duty of care.
To establish liability in a winter slip-and-fall case, your attorney must demonstrate several key elements:
- The property owner knew or should have known about the dangerous condition: Property owners are responsible for regularly inspecting their premises and staying aware of hazardous winter weather conditions.
- They failed to address the hazard within a reasonable timeframe: New York law requires property owners to clear snow and ice within specific timeframes, and failure to do so may constitute negligence.
- Their negligence directly caused your injury: Your attorney must show a clear connection between the property owner’s failure to maintain safe premises and your accident.
- You suffered damages because of the injury: Medical records, bills, lost wages, and other documentation help establish the extent of your injuries and financial losses.
What a Brooklyn Premises Liability Lawyer Can Do for Your Case
Successful premises liability claims require thorough documentation of unsafe conditions and property negligence. Your New York premises liability lawyer can:
- Gather weather reports and maintenance records: Weather data helps establish conditions at the time of your accident, while maintenance logs can reveal if the property owner failed to follow proper snow and ice removal protocols.
- Interview witnesses: Eyewitness testimony provides crucial verification of hazardous conditions and details about how your accident occurred.
- Document the accident scene with photos and videos: Visual evidence of ice accumulation, poor lighting, or inadequate warning signs strengthens your claim by showing exactly how the property owner failed to maintain safe premises.
- Request surveillance footage if available: Security camera recordings can provide indisputable evidence of how long hazardous conditions existed and capture the exact moment of your fall.
- Review your medical records: Detailed medical documentation links your injuries directly to the accident and establishes the full extent of your damages.
- Calculate your damages: A comprehensive review of medical bills, lost wages, rehabilitation costs, and other expenses helps determine fair compensation for your injuries.
Time Limits for Filing Winter Slip-and-Fall Claims With an NYC Premises Liability Lawyer
New York’s statute of limitations allows three years from the date of injury to file a personal injury claim. However, injury claims against government entities have much shorter deadlines.
In some scenarios, you will have 90 days to file a Notice of Claim and then one year and 90 days to file a lawsuit if you do not settle.
Different deadlines may apply depending on the specific entity. We recommend scheduling a consultation with an attorney as soon as possible to begin the process before the deadline approaches.
Trust Ross & Hill To Fight for Your Rights
Understanding when you can pursue a premises liability claim for winter-related injuries helps protect your legal options.
For guidance on documenting your premises liability case, we encourage you to reach out to our experienced team. At Ross & Hill, we advocate for injury victims throughout NYC. Call 646-351-6222 to speak with a New York premises liability lawyer about your case.
FAQs
Here are answers to common questions about winter slip-and-fall premises liability cases in New York:
What Evidence Do I Need for a Winter Slip-and-Fall Claim?
Document the accident scene with photos and videos of the hazardous conditions, including any ice or snow accumulation that caused your fall. Gather witness contact information, keep all medical records and bills, and maintain a detailed timeline of events, including weather conditions on the day of your accident.
How Long Do Property Owners Have To Clear Ice and Snow?
New York City law requires property owners to clear sidewalks within four hours after snowfall ends, excluding overnight hours between 9 p.m. and 7 a.m. This timeframe may be extended during severe weather events or if the property owner can demonstrate they made reasonable efforts to maintain safe conditions despite challenging circumstances.
Can I File a Claim If I Slip on Ice on Private Property?
Private property owners have a legal duty to maintain safe premises and remove hazardous snow and ice within a reasonable timeframe. You may have grounds for a personal injury claim if the property owner’s negligence in maintaining their premises led to your injury.
What Compensation Can a New York Premises Liability Lawyer Help Me Recover?
A premises liability lawyer can help you document and calculate damages like medical expenses, lost wages, rehabilitation costs, and pain and suffering. Your attorney will work to demonstrate how the property owner’s negligence directly caused your injuries and fight for fair compensation based on the specific circumstances of your case.
