Brooklyn Slip and Fall Injuries from Snow and Ice
When an Icy Walkway Causes Your Injuries, Don’t Just Let It Go – Speak with Knowledgeable Brooklyn Slip and Fall Lawyers!
During the winter season, ice and snow buildup have always been a problem for homeowners, commercial property owners/renters, and business owners. Under the law, entering someone else’s property entitles you to certain rights, including the right to reasonable safety while on the premises. This means someone is responsible for ensuring that their property is safe and free from hazards or risks.
What are Slip and Fall Accidents?
Slip and fall accidents can result in personal injury cases; a person enters someone’s property and either trips, slips, or falls because of a dangerous condition. These accidents can happen both indoors and outdoors on someone’s land.
In these types of accidents, sustaining an injury might result in legal liability on the property owner or tenant, and your right to collect compensation from the property owner. Slip and fall accidents fall under premises liability law.
Who Can Be Liable for Your Slip and Fall Accident in Brooklyn?
Often, two possible parties might be held liable for your slip and fall accident on an icy sidewalk or pathway.
The business owner or property owner may be held liable for your slip and fall accident if you can show someone failed to comply with the rules regarding the clearing of ice and snow. The property or business owner might also be liable if they failed to provide warning signs or other information to minimize the risk of danger.
The city, municipality, or other government entity may be held liable if your accident occurs on a sidewalk or other area under the control of the city. Government entities often have a responsibility to manage the clearing of ice and snow on sidewalks, streets, public buildings, and other areas.
Knowing which party might be legally responsible for your injuries can be critical to the success of your claim. Our experienced Brooklyn slip and fall lawyer can determine who might owe you compensation for your injuries.
Are There Special Rules That Might Be Important to Slip and Fall Injuries that Occur Because of Ice and Snow?
There are some important ones.
First, concerning business owners or property owners, the New York Administrative Code states that business and property owners are required to clear their premises of ice and snow within a certain period after it falls. This rule states:
- If a snowfall occurs and stops within the time period of 7 AM to 4:49 PM, then the business or property owner has 4 hours to clear his or her premises;
- Likewise, if the same snowfall occurs and stops within the period of 5 PM to 8:59 PM, then the same owner has 14 hours to clear his or her premises; and
- Finally, if the snowfall comes within 9 PM to 7 AM, then the same owner has until 11 AM the following day to clear his or her area.
Accidents resulting from the failure to clear the property within the required time can result in liability for any injuries sustained on the property due to snow and ice. Failure to follow the rules indicates negligence. When negligent clearing of snow and ice result in a slip and fall accident and injuries, the injured victim might be entitled to collect damages.
What is the Reasonableness Test?
Snow and Ice removal in Brooklyn also must meet a test of reasonableness. What does it this mean?
When it comes to clearing or removing ice and snow, the business or property owner must act reasonably.
Snow and ice can build up quickly even after clearing it up. The owners must anticipate gusts of wind, snowdrifts, falling ice, and more. There is room for interpretation as to what is reasonable under any given circumstance. Each case is decided independently to see if the owners acted reasonably in their efforts to keep their property safe.
One might also have to consider if the person walking on the ice or snowy sidewalk exercised reasonable care to avoid a slip and fall accident. The injured victim might be partly responsible for the accident, affecting the amount of damages recoverable for the injuries.
How Can I Avoid Slipping and Falling in Snow and Ice?
Navigating an icy sidewalk can be tricky. You might try to avoid sidewalks that have obvious ice and snow buildup. But it is hard to avoid walking in Brooklyn. Here are some tips that can make your winter walking a little safer:
- If you do come across an icy or snowy patch, walk slowly and steadily.
- Avoid running or sliding along the pavement. Use handrails if possible.
- The type of shoes or boots you wear can decrease your risk of slipping and falling on ice and snow.
- Avoid distractions like using your cell phone when walking outside during winter. Paying attention is one key to navigating the ice and snow.
Contact Our Brooklyn Slip and Fall Lawyers Today!
What should you do if you slip and fall on an icy sidewalk in Brooklyn? Call the Law Office of Irene H. Gabo for help.
Our experienced Brooklyn premises liability lawyers at the Law Office of Irene H. Gabo can help you navigate your slip and fall claim. We can make sure you file your claim on time against the right party. Call our Brooklyn slip and fall lawyers today at 800-560-0214 to set up your free, no-risk consultation.