If I Was Injured Due to Snow or Ice, Can I Sue for Compensation?

Everyone knows that snow and ice are slippery. Does that mean that if you slip and fall and are injured while out walking that you have nobody to blame but yourself? The answer to this question is everyone’s least favorite lawyer cop-out: it depends.

If you fall down and hurt yourself while cleaning off your own front steps you probably have nobody to blame but yourself and Old Man Winter. But, if you live in the building where you fell, and it is not your responsibility to clear away the snow and ice, you may have a case against those who are responsible to keep it safe.

Property owners in New York City know that they have to clear off snow and ice in a “timely manner.” This typically means they must clear the area within 4 hours of the snowfall, or, if it stops snowing during the evening or nighttime, by the next morning. If a property owner did not make a reasonable effort to make their property safe within the allotted timeframe, you may seek compensation for any injury suffered because of the owner’s negligence.  

The fact that a property owner undertakes to remove snow or ice from their property does not preclude their liability. They must do so with reasonable care. That is, liability may still exist if it is shown that their efforts made the sidewalk even more hazardous.

In the case of Guzman v. Broadway 922, decided July 2, 2015, the Appellate Division First Department, decided that: “Plaintiff testified that the ice on which she slipped was covered by a thin layer of recently fallen, clean snow, that the ice, which she felt with her hand after she fell, was dark, dirty, and very thick, and that there was built-up dirty snow in the area, as a result of “a really bad job at cleaning.” Plaintiff’s expert opined that the ice formed either because of “the improper clean-up of past storms” or from the melting of the snow piled up in the area and its refreezing, … on the night before plaintiff’s accident, when the temperature fell to below freezing. …”

As you can see snow and ice cases can be tricky to navigate as your lawyer needs to be able to take your unique facts and apply them to the applicable law. Weather experts are usually required to explain what happened to the ice and snow after it fell, and what made it more slippery, thus causing your fall.
           

Snow and ice cases, also, do not stop once you get inside the front door. If you slip and fall on water that has accumulated inside a place of business, or residential building, because people have tracked in snow that later melted, you may be able to seek compensation from the property owner if they knew, or should have known, about the wet floor, but did nothing about it.

At Jaroslawicz & Jaros we have represented many people who were injured while entering an office or residential building while it was wet out, either due to snow or rain, and the building failed to put out mats on the slippery lobby floor or stairs.

There are a lot of strange things that happen when the weather gets weird, so just because what happened to you was unusual does not mean you are not eligible for compensation for your injuries. At Jaroslawicz & Jaros, we have more than 45 years of experience helping accident victims in New York recover compensation for their past and future medical bills, lost wages, as well as their pain and suffering. The clients we represent benefit from the personal attention of our knowledgeable and experienced personal injury attorneys.

EXPERIENCE AND A TRACK RECORD OF RESULTS

At Jaroslawicz & Jaros we have obtained over $2 billion dollars in compensation for accident victims. Our record of results speaks for itself. Since all law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

If you or a loved one were injured due to snow or ice that has resulted in a serious physical injury and are in need of legal assistance, call the experienced lawyers at Jaroslawicz & Jaros to find out if you are entitled to compensation. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.

GET THE ADVICE AND GUIDANCE YOU NEED

If you or a loved one was injured in an accident call Jaroslawicz & Jaros at 212-227-2780 in New York, or submit an online questionnaire. Or you can reach partner Abraham Jaros directly, either call his cell 917-842-9544 or email ajaros@lawjaros.com.