Can You Sue if You Fall on Ice?
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 premise 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 and 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 and 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 occured. 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 and Fall on New York 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 and Fall on Residential Properties in New York
Residential property owners are responsible for keeping pathways and sidewalks clear of snow and ice. The City of New York used to claim responsibility for sidewalk maintenance. However, in 2003, the city passed §7-210. Under the updated New York administrative code, property owners are liable if they fail to keep sidewalks in reasonably safe conditions.
Prior to 2003, the City of New York, with some exceptions, was solely responsible for the maintenance of the sidewalks. However, in order to be liable to someone who was injured, the City had to have prior written notice of the defective condition that caused the accident or the defective condition had to be caused and created by the City or its employees or agents.
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What Is the Average Payout for a Slip and 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 in a slip and fall claim 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 Help Victims Who Fall on Ice
Premise liability lawyers will document your injuries, establish liability, and secure fair payouts for all incited injuries. A lawyer protects your rights by making sure all responsible parties render fair compensation for your damages.
Proving Liability and Negligence
An attorney will determine who is liable for your accident based on where the incident occurred. Once they identify all accountable parties, legal experts focus on proving how 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 that it could cause injuries.
- The property owner failed to remove or treat the ice within 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
Next, a slip and fall lawyer gathers documents to the extent of your injuries. This is necessary because you will need this evidence to prove your damages. Your evidence may include:
- Hospital and chiropractic bills
- Medical supply expenses (such as paying for prescription drugs or crutches)
- Proof of lost income
- Testimonials of your pain and suffering
When collecting evidence, attorneys use hospital bills, pay stubs, and any other receipts to determine your total expenses. You can help your lawyer by keeping detailed records of all costs incurred following your accident.
Consulting with Insurance Companies
Unless the accident occurred on government property, an insurance company will be in charge of handling your claim. Unfortunately, insurance providers are notorious for offering accident victims less than what they are entitled to. That’s why you need an accomplished lawyer on your side.
Attorneys review your case with an insurance claims adjuster. They supply evidence, prove negligence, and demand fair compensation for injuries. A legal expert knows the monetary value of your claim and will never settle for less.
Representing Victims During Trial
If insurance companies or liable property owners refuse to offer you a fair settlement, a premise liability attorney will take your case to court. Your lawyer will represent you throughout the trial, present evidence and witnesses to a jury, and fight for your compensation.
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The New York Department of Health reports that falls are the leading cause of injury-related deaths among New York residents 45 and older. For these citizens, slipping on ice can lead to permanent mobility and mental health problems. Some of the most common ice-related injuries include:
- Broken bones
- Hip and wrist fractures
- Spinal cord injuries
- Elbow and knee dislocations
- Head, neck, brain, and back injuries
These injuries can lead to severe or chronic pain, high medical bills, or the inability to perform job duties. While some of these wounds will heal, others may develop into chronic conditions.
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Did You Slip on Ice? A Lawyer Can Help You File a Claim
Can you sue after falling on ice? Yes, and when you do, have experienced New York premises liability lawyers by your side.We will ensure that whoever is responsible for your fall is held accountable and help you recover financial damages after slipping on ice.
If you fell on ice in New York, call Dansker & Aspromonte Associates for a free case review. We can evaluate your claim and help you receive a fair payout for your injuries. If we can’t get you a fair settlement, we aren’t afraid to take the liable parties to court. Call or text (646) 692-0204 or complete a Free Case Evaluation form.
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