If you or a loved one was injured after a slip and fall accident, you might have questions about whether you can sue if you fall on ice.
Although weather-related snow and ice conditions are natural parts of life in our region, that does not mean that accidents on snow or ice are automatically excusable. There are many circumstances where you can file a lawsuit to recover compensation for your medical bills, lost wages, and pain & suffering under New York Insurance (ISC) §5102.
In New York, you may be able to sue a property owner, tenant, or other party if you slip and fall on the ice, depending upon the facts of your unique case. This kind of lawsuit falls under the category of premises liability. A personal injury lawyer can help you determine if you have such a case.
What You Need to Know About Premises Liability Law in New York
What Premises Liability Is
Property owners in New York owe others a duty of care to keep their property safe. When owners fail to meet this duty, they are negligent in failing to protect others’ health and safety on the premises. This negligence can lead to accidents and serious injuries, for which owners can be held liable. In some instances, the legal duties of a property owner can be shared or passed to a tenant, management company, maintenance organization, or other party.
What Qualifies as Negligence in a Premises Liability Case
There are a wide variety of cases that are included within the group known as premises liability cases. Falls on ice or snow are a small but significant proportion of these types of cases. Not all falls on snow or ice will result in a successful claim. Each case is dependent upon the facts and evidence. For example, a property owner, tenant or other responsible party is only required to shovel or remove ice on their property after a reasonable time has passed after the end of a winter storm. If you slip on snow or ice while it is snowing, you may not have a successful claim. Every case is unique, however. and you should speak to a qualified and experienced lawyer about your rights. Other types of premises liability cases include:
- Improper upkeep of property: This is a broad category that can include any damaged, defective, or unsafe conditions on the premises.
- Elevator and escalator accidents: Improper or irregular maintenance can lead to malfunctions, causing injuries.
- Wet floors: Spills, puddles, and slick floors can lead to slip and fall accidents if left unaddressed.
- Improper or lax security: If the property owner fails to maintain the necessary security to keep visitors safe, that may be found to be negligent.
Many accidents can happen on someone else’s property. When the property owner knows, or should know, about these dangerous conditions but does not remedy them, then they may be found negligent. If these conditions contributed to your accident, contact a lawyer to learn more about your rights and options.
For a free legal consultation, call (212) 732-2929
Ice and Snow Slip and Fall Accidents
All serious injuries can disrupt your life, but when you get hurt while simply going about your day-to-day life, it can feel particularly disorienting. A lawyer can walk you through your options to make informed choices after you are injured by a fall. Here are some steps you can take after you fall on ice to begin protecting your rights from the moment an accident happens.
What to Do After You Slip and Fall on Ice
When you slip and fall on a patch of ice on someone else’s property, your first step should be to request medical attention. Falls can cause serious injuries, so this should always be your priority. Try not to walk or leave the area as doing so could cause further injury.
Once you have requested medical help, stay on the premises and report the accident. This might mean calling the police or reporting it to the business owner or manager on site. Either way, reporting the incident will begin an official record in writing of what happened.
Next, consider collecting your own evidence. Take photos of the conditions of the property, the weather, and your injuries. Ask witnesses for their contact information and statements. Any information you gather may be able to help if you decide to pursue a legal claim in the future.
Types of Injuries Caused by Falling on Ice
According to the New York Department of Health, seniors 65 and older are at a particular risk of serious injury after a slip and fall accident. However, anyone can still suffer from the following injuries after the fall on a patch of ice.
- Traumatic brain injury (TBI)
- Broken bones
- Neck and spinal cord injuries
- Joint damage
These injuries can lead to severe or chronic pain, high medical bills, or an inability to perform your job duties. While some of these injuries will heal, others might permanently affect your life and become a chronic condition. A personal injury attorney can help protect your rights to the financial compensation you deserve for each and every type of damage you sustained and may sustain in the future.
How Dansker & Aspromonte Associates Can Help You
A personal injury lawyer from Dansker & Aspromonte Associates can help if you or a loved one was injured after slipping and falling on ice. Our attorneys take the time to get to know our clients and answer their questions regarding how to go about filing a premises liability lawsuit or whether you can sue if you fall on ice.
Call Dansker & Aspromonte Associates today at (212) 732-2929 for your free consultation and to learn more about what has made us the choice for injured New Yorkers and their families since 1988. Together, we will work to secure the best possible outcome for you and your family. Don’t delay, however. There are deadlines that limit your rights. If you fail to file your claim by the deadline, you can be prevented from recovering the compensation you deserve.