Irene Gabo on the Morning Show at Davidzon Radio – February 08, 2021

1. I was on my way to work on February 1, 2021, I am a nurse, and I fell on a sidewalk breaking my foot, but it was snowing and no one wants to take the case. Can you help?

If It was actively snowing probably not, because there is no duty to clean during a snow storm. As you know the City sanitation cars clean the roads during the storm and push the snow toward the curbs, but the homeowner’s or shop owner’s duty to clean the snow from the sidewalk typically does not arise until 4 hours after the storm stops, because during the day, they have 4 hours to clean their sidewalks after snow ends. The period during the storm is called an act of God and landlord will be found not responsible. There are some exceptions if this happened for example near an emergency entrance to the hospital, but those exceptions are very rare.

2. What are my responsibilities as a home owner as far as cleaning snow? What would happen if someone falls while I am cleaning it? it happened once last year but thank god we were never sued.

Once the snow stops, if you live in New York City and own a home, this is important to know:
The City does not clean or remove snow or ice from sidewalks in front of residential and commercial property.
If you are in charge of any lot or building, you must clear snow and ice on your sidewalk to create a path for pedestrians. You must also shovel any bus stop or fire hydrant in front of your property. You may not shovel snow into the street. If a Department of Sanitation supervisor sees you shoveling snow into the street, you may receive a summons.

If the snow stops falling between:
7 AM and 5 PM, you must clear sidewalks within 4 hours
5 PM and 9 PM, you must clear sidewalks within 14 hours
9 PM and 7 AM, you must clear sidewalks by 11 AM

If you do not follow the rules, you may get a ticket from the Department of Sanitation.
Complaints about snowy or icy sidewalks are accepted after property owners have had enough time to clear their sidewalks.

3. I was hit by a car that left the scene of the accident. I was taken to the hospital but have no insurance. What can I do?

Within 24 hours your claim must be reported to the police, because your only way to get some Money out of this case may be from the city agency called mvaic. Mvaic protects those pedestrians struck by a hit and run car ONLY if the pedestrian or anyone he lives with has no automobile insurance in the house. They also require and affidavit that you have no other available insurance, and they, once your claim is approved, will also pay for your medical treatment. MVAIC requires a strict 24 hour reporting to a police agency or ambulance or another governmental authority and if 24 hour notice is not given, for example, you were confined to a hospital, the police report must be done shortly after you come out of the hospital. Police officers can be called from the nearest precinct while you are in the hospital and that may be the best way to prove 24 hour reporting. You can find all necessary forms on my website to make with mvaic or call an attorney and they will do it for you.

4. I fell in a restaurant in Long Island while walking out. It was snowing and they didn’t have mats on, and I slipped. Do you handle cases outside NYC?

My firm handles cases in all counties of New York States, including Suffolk and Nassau. We have handled numerous cases against large restaurant chains in New York which fail to take precautions during a rain storm or snow storm, by putting rugs or mats on their tiled floors, and clients slip when they enter or exit the restaurant. Feel free to call us for a free consultation. As the restaurants in Long Island are open for dining now, be extra careful in this weather when you enter or exit them. Remember there are always cameras inside them, so if you entered the restaurant and didn’t watch where you going, because you were on the cell phone, chances are this will be their defense against you and video will be presented.

5. My dog bit someone and I am afraid I will get sued, do you handle defense in these cases??

We handle dog bite cases both for people who were injured and for people who own the dog accused of the dog bite. New York has a rule called “one bite” rule, which essentially allows the dog to bite someone once before the owner can be held responsible. The exceptions include very vicious attack, resulting in great injury to the claimant or breeds of dogs that are considered vicious, such as Rotweilers or pit bulls. A lot of times if the dog bit someone in the past he has to wear a mask on his face to prevent future attacks. Please don’t forget you may have a home owners or rental insurance policy that includes coverage for your dog, even if the attack happened outside the house. Therefore, as I am happy to help, you may want to check with you insurance policy first to see if they provide coverage for a dog bite, in which case they will give you a free attorney and you will not have to pay me by the hour.

6. I was driving on Ocean parkway and a car made a left in front of me and hit me. Now their insurance doesn’t want to pay 100% for my car? Why? It was completely the other car’s fault.

What I suggest you do is take a video of the intersection. Most of Ocean Parkway have a separate light or arrow for turns, meaning, one cannot start making a turn until the other cars fully stop at red light. So lets say you are traveling by Ocean Parkway and Kings Highway your light going straight is green, the cars making a turn have a steady red light and cannot turn til the light for you is steady red. So check your particular intersection and send the video to the adjuster, who can then review the video and find you completely not at fault.