Winter storms create hazardous conditions that lead to slip and fall accidents. Under New York law, property owners have a duty to keep their premises reasonably safe, including by removing hazardous snow and ice. Importantly, they cannot get rid of the snow or ice by shoveling it into the street.
Buffalo, Syracuse, Williamsville, Niagra Falls, and other parts of Upstate New York regularly get 90 inches of snow or more, putting people at risk of serious fall injuries. If you get hurt on someone else’s property, an experienced New York personal injury lawyer from Richmond Vona can evaluate how ice and snow affect liability in your slip and fall accident and determine the best path toward compensation.
- New York snow removal laws generally require property owners to remove hazardous ice and snow within a reasonable time and bars them from putting it in the street.
- Municipalities like Buffalo and Rochester have their own local snow and ice removal laws.
- Property owners can be liable for slip and fall injuries if they fail to remove ice and snow from their premises and adjacent sidewalks.
- Our premises liability lawyers can help you seek compensation for economic and non-economic damages after an ice or snow slip and fall accident.
ON THIS PAGE
- What Are the Laws on Snow and Ice Removal in New York State?
- How Can Natural and Unnatural Accumulation of Ice and Snow Affect Liability?
- How Can Property Owners Be Held Liable for Slip and Fall Accidents?
- Legal Process for Proving Negligence in a Slip and Fall Case
- What To Do After a Slip and Fall on Ice
- Injuries That Commonly Result From Icy Slip and Falls
- Compensation for a Slip and Fall on Ice
- Get Legal Advice After Your Slip and Fall Accident on Snow or Ice
What Are the Laws on Snow and Ice Removal in New York State?
New York State snow removal laws prohibit moving snow from your property to a public street. The state considers it a substance likely to cause harm to a person, animal, or vehicle. By putting ice or snow on the road, property owners can face ice and snow liability for creating a hazard in violation of the law. New York snow removal laws also vary widely across municipalities.
What Is Considered a "Reasonable" Time for Snow Removal?
State courts in New York have established a “storm in progress” rule for snow and ice removal. It gives a property owner an “adequate period of time” after the end of a storm to remove hazards. Though this open-ended definition leaves significant room for interpretation, a “lull” in the storm is typically not considered an adequate period.
Municipalities throughout New York have additional snow removal regulations. They often include more specific snow-removal timelines. If you are uncertain what the rules are in your city after an accident, our skilled personal injury attorneys can help.
Buffalo
The Buffalo snow removal law requires owners or occupants of buildings abutting public streets to remove snow and ice from sidewalks before 9:00 a.m. Other requirements include:
- Removing snow and ice from abutting handicapped access cuts.
- Putting down ashes, sand, sawdust, or another suitable material if the snow or ice is too frozen to remove and clearing it when the weather permits.
- Not moving snow into the gutter.
- Not using salt, lime, or other harmful substances.
Rochester
The Rochester snow removal law requires property owners to remove snow from sidewalks in front of their property. The city plows sidewalks when four inches of new snow accumulates. Property owners are responsible for removing any remaining ice or snow. City plowing usually occurs in the evening and early morning, but that schedule may change based on storm conditions.
Williamsville
The snow removal law in Williamsville requires owners and occupants of buildings fronting public streets, alleys, or grounds to remove snow and ice from abutting public sidewalks. Other rules include:
- Not moving snow into public streets or alleys from sidewalks or driveways.
- Keeping access to fire hydrants free and clear.
- The city plows sidewalks when snowfall reaches two inches, with eight streets marked as a higher priority.
Importantly, though the city provides clearing services as a courtesy, property owners are ultimately responsible for snow and ice removal.
Niagara Falls
Niagra Falls removes snow from streets to ensure “emergency access, vehicular traffic, and daytime parking.” Snow removal laws in Niagara Falls prohibit putting snow in the street—the same rule applies across the state. The city recommends shoveling snow to the right side of your driveway (“downstream” when facing the street) to prevent it from being pushed back into your yard by passing snow plows.
How Can Natural and Unnatural Accumulation of Ice and Snow Affect Liability?
During a storm, snow and ice naturally accumulate. However, home or business owners can take steps to minimize the risk of injury. For example, failure to maintain gutters or drainage systems can lead to additional accumulation of ice on sidewalks, parking lots, and roads.
“Unnatural accumulation” can increase ice and snow liability for property owners by adding to hazardous conditions. To establish fault, your slip and fall attorney may call an expert witness to explain how the unnatural accumulation occurred.
How Can Property Owners Be Held Liable for Slip and Fall Accidents?
Under New York premises liability law, property owners can be liable for injuries when they fail to keep their premises safe for foreseeable visitors. Among other things, their duty of care may include removing snow and ice from sidewalks and parking lots after a storm and fixing problems that can lead to unnatural accumulation of snow and ice on their properties. Parties that might be liable for slip and fall damages include:
- Property owners
- Tenants
- Business owners
- Municipalities
- Snow removal contractors
These same parties may be liable if they shoveled snow into the street, causing you to slip while getting out of your car. Our experienced injury attorneys can help you investigate if it is unclear who was responsible for snow and ice removal on a property.
Legal Process for Proving Negligence in a Slip and Fall Case
If you slip and fall because of snow or ice on a sidewalk, you will likely need to show that the defendant in your case was negligent. This requires proving that they caused the accident by failing to keep their property “reasonably safe” for visitors, thereby causing your injuries and losses. Unlike many states that focus on the “status” of the injury victim, New York premises liability law focuses on whether the victim’s presence was “foreseeable.”
In all cases, defense lawyers and insurance adjusters will closely scrutinize available evidence to avoid compensating you fairly. Uncertainty about liability, whether you contributed to your injuries, and other factors may affect the settlement timeline for premises liability claims. While you focus on recovering from your injuries, let our skilled legal team navigate your case through the legal system.
What To Do After a Slip and Fall on Ice
There are several steps to take after a slip and fall accident on ice or snow. Some protect your health and well-being, while others protect your right to compensation through a personal injury lawsuit. Take the following steps after a winter weather slip and fall:
- Seek medical attention immediately and attend all follow-up appointments.
- Take photographs and videos of your injuries and the scene, especially of the ice or snow that caused your injuries.
- Write down information about the property (address and name of the building), but avoid being confrontational with anyone there.
- Preserve physical evidence, including your footwear, clothing, and winter gear.
- Collect witness statements and contact information.
- Take a screenshot of your weather app and location at the time of the accident.
- Keep a journal of how your injuries affect your daily life, especially your physical and emotional pain and suffering.
- Contact the experienced New York slip and fall lawyers at Richmond Vona.
Do not post about your accident on social media. Insurance adjusters and defense attorneys will use anything they can to twist your words, claim you caused the accident, and minimize your compensation.
Injuries That Commonly Result From Icy Slip and Falls
Minor slip and fall accidents can result in short-term injuries and discomfort. However, serious falls can cause truly debilitating injuries that lead to high medical bills, lost wages, and long recovery times. Common injuries associated with falls on ice include:
- Fractured, broken, or dislocated bones.
- Traumatic brain injuries, such as concussions, brain bleeding, and amnesia.
- Spinal cord injuries, including full or partial paralysis.
- Sprains and strains.
- Cuts and bruises.
Seek medical attention even if you think you aren’t seriously hurt. You may have an injury that doesn’t show immediate symptoms but can be dangerous if left untreated, such as internal bleeding or a concussion. Early treatment will protect your well-being and ensure your injuries are fully documented.
Compensation for a Slip and Fall on Ice
You can seek economic and non-economic damages in a slip and fall lawsuit involving snow and ice. Economic damages compensate for monetary losses. Non-economic damages compensate for the more subjective impacts your injuries have on your life. Together, they include things like:
- Past and future medical costs
- Lost wages and lowered earning capacity
- Rehabilitation costs
- Pain and suffering
- Emotional distress
- Lowered quality of life
Our New York premises liability lawyers are skilled negotiators and can help you pursue a fair settlement after a slip and fall. Though we settle most cases without a trial, there are some situations in which your premises liability case might go to court. No matter the circumstances, our legal team has the skills and expertise to aggressively advocate for you in and out of court.
Get Legal Advice After Your Slip and Fall Accident on Snow or Ice
As Western New Yorkers, founding partners John E. Richmond and Keith R. Vona understand the hazards of winter weather. Our award-winning attorneys understand the law and how ice and snow can impact slip and fall liability in New York. We give individualized attention to each case we handle and, with over $175 million recovered in high-value case results for our clients, we have a proven record of success. Contact us online or call (716) 500-5678 to schedule your free, no-obligation consultation.
