Every winter, untreated ice sends New Yorkers to the emergency room with broken ankles, wrists, and hips. Winter weather is not the owner's fault. Leaving the ice there is.
The Owner's Duty in New York City
In New York City, the owner or occupant of property next to a sidewalk generally must clear snow and ice within four hours after the snow stops falling. The hours between 9 p.m. and 7 a.m. do not count toward the four hours.
The owner of the adjoining property is generally responsible for injuries caused by failing to do so. There is an exception for one, two, and three family homes that are owner occupied and used only as residences.
The Storm in Progress Defense
Owners are generally not responsible for snow and ice while a storm is still going on, or until a reasonable time after it ends. Expect the insurer to raise this. We answer it with certified weather records showing when the precipitation actually stopped.
An owner who shovels or salts carelessly and makes the condition worse can be responsible even during a storm.
Where These Falls Happen
- Sidewalks in front of stores and apartment buildings
- Entrance steps, ramps, and stoops
- Parking lots and driveways
- Ice formed by a leaking gutter, downspout, or awning
- Old ice left from an earlier storm
Do This Now
- Photograph the ice and the area around it right away. It will melt.
- Note the exact address and the time.
- Get witness names.
- Keep the shoes you were wearing.
- Get medical care the same day.
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the property belongs to the City, NYCHA, the MTA, or a school: Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
It was still snowing when I fell. Do I have a case?
It is harder, but not impossible. If the ice was left from an earlier storm, or the owner's shoveling made it worse, there can still be a claim.
I fell in front of a private house. Who is responsible?
It depends on whether the house falls within the exception for small owner occupied homes. If it does, the rules change, so call promptly.
How do you prove when the snow stopped?
With certified weather records and, when needed, a meteorologist.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.