Bronx Snow & Ice Accident Lawyers
Trusted Snow & Ice Accident Lawyers In The Bronx
New York City may be known for its wintertime snow and ice, but it doesn’t detract from property owners’ responsibilities to clear away any build-up. Failing to do so can have dire consequences; not only is slipping on the resulting accumulation of snow or ice dangerous but those responsible could also face financial penalties if an accident occurs. It’s thus vital that everybody does their part in decreasing slip and fall risks by removing any accumulated snow or ice from their premises.
Experiencing a traumatic snow or ice accident can be heartbreaking. That’s why Rosenberg & Rodriguez is here for you. Our Bronx snow and ice accident lawyers are available to help guide you through every step of filing your claim and ensure that those who bear responsibility for your injuries face accountability. Reach out to us today to book a free consultation, so we can begin assisting with claiming the damages owed to you without delay!
Property Owners Are Liable For Slippery Or Dangerous Walkways
The New York City code requires that, in accordance with Section 16-123, those accountable for properties must clear away any ice and snow from sidewalks within four hours after a snowfall has ended. When it’s too frosty to remove the frozen material, an anti-skid substance like sand should be used as a cover until weather conditions are appropriate enough for removal.
If snow and ice have been neglected to be cleared away, property owners face the risk of incurring fines. Additionally, if an individual experiences a slip-and-fall incident due to these obstacles on their land, they can be held liable for any damages that may take place. Such consequences are generally defrayed by either homeowners’ insurance or general business liability coverage.
Regrettably, insurance companies too often disregard the gravity of slip and fall accidents. Yet, these incidents can lead to serious harm―broken bones or ligament tears being just a few examples. Surgery might be necessary for recovery from such catastrophes; elderly people may suffer extended health issues due to them and lack an active life for months after that. Luckily, our Bronx snow & ice accident lawyers make sure the insurers take your injuries seriously by taking strong legal action against them if needed.
Causes Of Snow & Ice Accidents In The Bronx
During the winter, New Yorkers face a higher risk of slipping on snow and ice. Although some may view these incidents as innocent “accidents”, many are actually preventable with proper sidewalk maintenance from property owners or their representatives – including clearing away any existing snow or ice in a timely manner. Keep yourself safe this winter season; don’t become another victim of negligent management practices!
In some cases, someone in charge of the premises may be careless and create a risky state that leads to an unfortunate slip and fall accident. For instance, they might leave piles of snow on top of driveways until it melts away onto walkways which will end up re-freezing afterward. Other notable sources leading to slips due to ice or snow include:
- Inadequate shoveling which leaves snow and ice patches
- Failure to adequately salt and sand after shoveling
- Failing to remove snow and ice within a reasonable time after a snowfall
- Icy sidewalks, steps, and handrails
- Failure to remove hanging icicles which later melt, drip down onto walkways, and refreeze when the temperature drops
- Water leaks cause an accumulation of water that later freezes
New York City Snow And Ice Laws
Knowing New York City’s many specific snow and ice codes is essential if you intend to file a lawsuit in this area. It’s imperative that you seek the counsel of an experienced snow and ice accident lawyer in the Bronx who can guide you through these intricate laws. These regulations explain both responsible parties liable in your claim as well as what evidence must be presented for success. If, however, there’s been erroneous identification of defendants or too much time has elapsed before filing, sadly your case may not stand up in court.
Administrative Code Section 16-123
According to Section 16-123, every property owner and occupant must ensure that their adjacent sidewalks are cleared of snow, ice, and dirt hazards within four hours after the end of a snowfall. This timeline allows individuals to attend to the removal process during daylight hours – from 7 a.m. through 9 p.m.- when visibility is improved and safer conditions for pedestrians who use public pathways in urban areas are guaranteed, leaving out any time between nightfall and dawn.
As per Section 16-123, if ice and snow cannot be removed without causing harm to the pavement, then owners may use sand, sawdust, or any other comparable material in order to ameliorate such hazardous conditions. But they must ensure that once the weather is favorable, they thoroughly cleanse their garden path.
Administrative Code Section 7-210
In 2003, the City of New York implemented Section 7-210 – “Liability of real property owner for failure to maintain the sidewalk in a reasonably safe condition”. Commercial business and investment property owners must be held responsible if people become injured due to snow or ice near their premises. Although there are exceptions, make sure you check your local laws before assuming liability.
Homeowners of 1, 2, and 3-family dwellings that are reserved for residential purposes can relax knowing the law grants them an exemption from sidewalk liability in regard to winter snow or ice. The City of New York is still responsible for removing snow and ice off the sidewalks surrounding these smaller owner-occupied homes within a sensible timeframe so as to avoid any potential injuries.
What To Do After A Snow/Ice Slip And Fall Accident
If you suffer a severe fall on snow and ice, the potential for enduring catastrophic injuries such as fractures, spinal cord damage, or head traumas is real. Thus it’s essential to take immediate action if this should happen in order to protect your legal rights:
Seek Medical Attention
Don’t underestimate the severity of your injury, and avoid walking on icy or snowy surfaces to prevent additional falls. Keep in mind that insurance companies could refuse a link between the accident and any medical condition if you delay too long before seeking help from a professional.
Take Photos Of The Snow Or Ice Condition That Caused Your Fall
When a winter accident occurs, the evidence of danger can quickly disappear with heat. Thus it is essential to act swiftly and promptly in order to prevent any further hazards before they vanish. Even if no action has been taken by the property owner prior to an incident, snow and ice conditions may transform or dissipate shortly following the event.
Get The Contact Information Of Eye Witnesses
It is of utmost importance to acquire the contact information of any eyewitnesses as soon as possible. This critical evidence must be recorded while you are still at the scene, or else it will disappear forever! Although your Bronx snow and ice accident lawyer can obtain more detailed details later on, having witnesses’ initial contact info serves as an irreplaceable asset for your case. Do not delay – secure this crucial information immediately!
Report The Accident To The Property Owner Or Tenant
To ensure that your personal injury claim is secure, it’s essential to document the slip and fall accident in detail. Providing evidence of the incident will also make sure that insurance carriers don’t deny its occurrence. Be sure to keep all documents related to the event and take any necessary measures needed for preserving proof of your injury case.
Do Not Speak To The Property Owner’s Insurance Adjuster
Once an insurance company is aware of your accident claim, it’s likely that they will reach out to you for a recorded statement. Refuse to accept whatever the insurance company puts forth. Remember, they are not on your side and will look for ways to lower expenses and put the blame onto you if possible. Before conversing with anyone from their agency, find a well-versed Bronx snow and ice accident attorney who can safeguard your rights!
Frequently Asked Questions
How Often Do Slip And Fall Accidents Occur In NYC?
According to the National Safety Council, falls are by far the most common cause of accidental death in America – a startling statistic that reveals these incidences can be prevented. Adding additional evidence is New York’s Department of Health which exposes an alarming number of slip and fall-related hospital visits each year – 52,673 annually! To avoid such cases from becoming your reality, it is essential to take preventive action now. The agency further stated that major injuries due to falls were responsible for:
- Hospitalizations for children 0-14
- Hospitalization for adults 25 and older
- Unintentional injury deaths for adults 45+
Who Can Be Held Responsible For Snow And Ice Accidents In NYC?
For slips and falls caused by snow or ice in New York City, any of the listed entities may be held responsible.
- Private property owners – If you’re visiting someone close to you, and slip on ice or snow outside their home, their homeowner’s insurance may cover your claim.
- Commercial establishments – Businesses have a responsibility to ensure the safety of their customers since they are generating revenue from them being on the premises.
- Governmental entities – It is the duty of government entities to ensure that public property remains safe and free from hazards, so as to protect all who may visit it.
Our premises liability attorneys are here to help you acquire the recompense that is rightfully yours. We will work alongside you to ascertain the grounds of your accident, and who should be held legally responsible for its aftermath. By holding these accountable parties liable, we can bring justice back into your life!
How Do I Prove My Snow/Ice Accident Case?
Before determining who is liable for your icy and snowy conditions related slip-and-fall, you must first figure out where it happened – on private land, outside a commercial property, or in front of an individual home. After that’s established, then you can assess to see if the responsible party:
- Had notice of the hazardous snow and ice condition prior to your accident and failed to resolve the condition within a proper amount of time; or
- Caused the dangerous snow and ice condition by improperly shoveling and/or removing the snow and ice, making the condition worse
Contact Our Bronx Ice And Snow Accident Lawyers Today
Have you suffered due to an icy or snowy slip and fall in the Bronx? If so, you could possibly be eligible for compensation. Property owners have a legal obligation to keep their pavements safe from potential hazards, and if they don’t meet that responsibility then they may be liable. Contact Rosenberg & Rodriguez today; one of our knowledgeable attorneys will give you a no-cost consultation to learn more about how we can help bring justice while recouping your damages. Don’t wait – contact us now!