Are NYC Property Owners Liable for Slip-and-Fall Accidents Following Winter Storms?
During and after a winter storm, the streets of New York City can be a hazardous place for pedestrians to walk. There is a risk of slipping and falling on patches of snow or ice. Such hazards can persist even several days after the storm has passed, especially if private and public property owners do not take proper steps to clear their sidewalks and entrances.
Queens Man Sues Post Office After Fracturing Ankle on Icy Steps
Under New York premises liability law, a property owner is not automatically liable for every slip-and-fall accident that may occur on their grounds. Indeed, even following a storm, a property owner is not liable for snowy or icy conditions unless the slip-and-fall victim can prove the owner had actual or constructive notice of the problem and failed to correct within a reasonable time from the end of the storm.
What qualifies as a “reasonable time” will depend on the facts of a specific case. Take this recent decision from a federal judge in Brooklyn in a pending personal injury case, Albert v. United States. Here, the plaintiff went to drop off some mail at a local post office in Queens. Earlier that morning, a winter storm system passed through Queens, but the snow had stopped prior to the plaintiff going to the post office.
After the plaintiff dropped off his mail, he exited the post office and slipped on the steps, sustaining a serious injury to his right ankle. It was then the plaintiff noticed there was a patch of ice that had been covered by snow prior to his fall. The plaintiff initially thought he had simply sprained his ankle. By the next day, however, he was unable to stand and sought medical treatment. It turned out he fractured his ankle and was unable to work for the next five months.
The plaintiff subsequently filed a personal injury lawsuit against the federal government as the owner of the post office. (You can actually file personal injury claims against the government, but there are special procedures you must follow.) The government moved to dismiss the case, arguing there was no evidence of negligence on its part.
The judge disagreed and held the case could proceed. Specifically, there was the plaintiff’s “undisputed” testimony that an icy patch existed on the steps leading into the post office. There was also testimony that more than two hours elapsed from the end of the storm until the plaintiff’s fall. The judge said a jury could find that was enough time for post office employees to inspect the icy steps and clear the hazard.
To be clear, the judge did not rule in favor of the plaintiff’s claims on these points. Rather, the court said there was a sufficient “factual dispute” to justify sending the plaintiff’s case to a jury.
When it snows in New York, by law, the property and business owners are obligated to clear any snow or ice within four (4) hours of the snow stopping to avoid any slippery conditions. If the sidewalk has a depression where water and ice may gather the owner must repair the depression and also treat any ice that formed with salt or sand.
Contact a New York City Slip and Fall Lawyer
If you are injured in an accident on any public property, including a subway or train station, the government may be responsible for paying your medical bills, lost wages, and other damages. Our New York City slip and fall lawyers can review your case and advise you of your options for seeking compensation. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island and surrounding communities.
Source:
scholar.google.com/scholar_case?case=8679685499415598209