New York is no stranger to inclement winter weather. But icy conditions do not justify negligence that was the result of a property owner’s failure to keep their premises reasonably free from hazards. If you slip on ice and you are injured, you need to hold the liable party accountable.
Can you sue after falling on ice? You can with the help of a premises liability attorney in New York. Your legal representative will make sure you receive fair compensation for any injuries that happened as a result of your slip and fall accident.
Who Is Liable If I Slip on Ice in New York?
Falling on ice qualifies as premises liability. The City of New York and its property owners possess a duty of care to maintain areas the public may access. That means property owners are expected to remove or treat snow and ice within a reasonable timeframe.
If they fail to do so, the property owner may be guilty of failing to protect the health and safety of others on the premises. Depending on where the accident occurred, a city, business, or property owner can be held liable for your injuries.
If you are unsure if you can sue after slipping on ice, a premises liability lawyer can evaluate your case.
Slip & Fall on Private Property
All private property owners in New York City are required to maintain their property in a safe and reasonable condition to avoid accidents and injuries. The only exception is that the City of New York is responsible for the sidewalks in front of one or two-family buildings used exclusively for private residences.
Even in those situations, the private owner is responsible for any areas of the sidewalk in which a special use is made, such as a driveway. The private owner is also responsible for any defective condition caused or created by the private owner or any agents on behalf of the private owner such as a snow removal contractor.
Slip & Fall on City Property
If you slip on ice on public property, you may be able to sue the city or township where your accident occurred. Municipalities are liable when their negligence was the reason for your injuries.
An injury lawyer will collect evidence to demonstrate how:
- The city knew the area was not safe.
- The city neglected its duty of care to maintain the site by failing to remove the ice within a reasonable amount of time.
- You were acting reasonably when the injuries occurred.
Slip & Fall on Commercial Property
New York law states that the person or entity in control of a piece of property must use reasonable care to keep the premises reasonably safe to protect anyone who may access the land.
This means commercial property owners must clear snow and ice from sidewalks, walkways, and parking lots in a reasonable amount of time. If a commercial property owner fails to do this, a slip and fall accident victim can sue for negligence.
In some instances, the legal duties of a property owner can be shared or passed on to a tenant, management company, maintenance organization, or other third party.
Slip & Fall on Residential Properties
Residential property owners are responsible for keeping pathways and sidewalks clear of snow and ice. In 2003, the city passed §7-210, making property owners liable if they fail to keep sidewalks in reasonably safe conditions.
Prior to 2003, the City of New York was solely responsible for sidewalk maintenance. However, to be liable for an injury, the City needed prior written notice of the defective condition or had to have caused it.
What Is the Average Payout for a Slip & Fall on Ice Case?
Financial recovery for victims who slip and fall on ice can range from $1,000 to six-figure settlements.
Factors that impact compensation include:
- The city, region, and county where you slipped on ice
- The total cost of incurred medical expenses
- Lost income from missing work due to your injuries
- The severity of pain and suffering due to your injuries
A slip and fall attorney in New York will calculate your damages and determine the strength and financial value of your lawsuit.
How a Lawyer Helps Victims Who Fall on Ice
Premises liability lawyers document injuries, establish liability, and secure fair payouts for all incited injuries. A lawyer ensures all responsible parties render fair compensation for your damages.
Proving Liability & Negligence
An attorney will determine who is liable for your accident based on where the incident occurred. They then focus on proving the guilty party was responsible for your injuries.
To prove negligence, a lawyer will demonstrate that:
- A property owner was aware of the ice and its dangers.
- The property owner failed to remove or treat the ice in a reasonable timeframe.
- Your injuries are directly linked to the property owner’s carelessness.
- You did not act in a way that caused the injuries.
Collecting Evidence of Damages
A slip and fall lawyer gathers documents proving the extent of your injuries.
Your evidence may include:
- Hospital and chiropractic bills
- Medical supply expenses
- Proof of lost income
- Testimonials of pain and suffering
Consulting with Insurance Companies
If the accident occurred on non-government property, an insurance company will handle the claim. Insurance providers often offer less than victims deserve, making legal representation essential.
Representing Victims During Trial
If insurance companies or liable property owners refuse fair settlements, a premises liability attorney will take the case to court, presenting evidence and witnesses to fight for compensation.
