Brooklyn Snow & Ice Accident Lawyers
Snow & Ice Accident Lawyers In Brooklyn, NY
Although wintertime in New York City is routinely accompanied by snow and ice, property owners are still obligated to clear away any accumulation of these substances. Slipping on accumulated snow or ice can lead to grave harm, as well as costly financial losses for which those responsible may be held accountable. Therefore, it is essential that all property owners do their part in reducing the possibility of such slip and fall accidents occurring on their premises.
Have you experienced a painful accident caused by snow or ice? The personal injury attorneys at Rosenberg & Rodriguez can help you through every step of filing your claim and make sure that those responsible for your injuries are held accountable. Get in touch with our Brooklyn snow and ice accident lawyers today to set up a free consultation and to learn more about how we can help.
Holding Property Owners Responsible
In accordance with Section 16-123 of the New York City code, those responsible for properties must remove any ice and snow from sidewalks within four hours after a snowfall has ceased. If it’s too cold to clear away the frozen material, instead cover it with an anti-skid substance like sand until weather conditions are suitable 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.
Sadly, many insurance companies do not prioritize slip and fall injuries. However, a fall on ice or snow can cause significant harm—broken bones and ligament tears are just the start. You may even need to go through surgery and a long rehabilitation process in order to recover from these accidents. For elderly persons especially, their health can take an immense hit after such events; it could limit them from living an active lifestyle for months afterward. Our Brooklyn snow and ice accident lawyers will force the insurance company to take your injuries seriously.
Common Causes Of Snow & Ice Accidents In Brooklyn
During the winter, New Yorkers may find themselves falling on snow and ice far too often. Many believe these slips to be innocent “accidents,” but in reality, many of them are preventable. Property owners and their agents can reduce such occurrences by properly maintaining sidewalks — including timely clearing away any existing snow or ice. Don’t let yourself become a victim of negligent property management; stay alert and safe this winter season.
In certain situations, somebody in charge of the property may act carelessly and create a hazardous condition that leads to an unfortunate slip and fall accident. For example, they may leave piles of snow at the top of a driveway until it melts and flows down onto walkways, which then re-freeze later on. Other notable sources of slips due to ice and 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 that cause an accumulation of water that later freezes
New York City Snow And Ice Laws
With numerous snow and ice codes exclusive to New York City, it is critical that you contact a knowledgeable snow and ice accident lawyer who comprehends the subtle complexities of these laws. These rules offer guidance for both potential parties liable in your case as well as what evidence must be presented in order to win. Therefore, if you try to sue the wrong person or delay filing your claim too long, then unfortunately there’s a chance your case could be dismissed.
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 excludes any time between 9:00 p.m. through 7:00 a.m., giving individuals enough time to attend to the removal process during daylight hours when visibility is better and conditions are safer for pedestrians who use public pathways in urban areas.
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 make sure that when temperatures are suitable again they completely clean the pathway.
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”. This legislation holds most commercial business and investment property owners accountable if individuals sustain an injury from snow or ice on the sidewalk near their properties. Exemptions do apply, so be sure to consult your local laws before assuming responsibility.
Homeowners of 1, 2, and 3-family dwellings that are partially occupied by their owners as long as they are solely used for residential purposes can rest assured knowing the law exempts them from sidewalk liability due to winter snow or ice. The City of New York is still responsible to remove snow and ice on sidewalks adjacent to these smaller owner-occupied homes within a reasonable amount of time in order to prevent any injuries from occurring.
What To Do After A Snow/Ice Slip And Fall Accident
A serious slip and fall accident involving snow and ice can lead to devastating injuries such as fractures, spinal cord damage, and head traumas. To ensure that your rights are safeguarded should you endure an incident of this kind, it is imperative to take the following measures immediately after the occurrence:
Seek Medical Attention
Not only could your injury be more serious than you think, but if you attempt to walk on the same icy and snowy surface that caused your fall in the first place, further slips and falls are highly likely. Also bear in mind that insurance agencies may deny a causal relationship between the accident and any medical condition if too much time elapses before seeking professional care.
Take Photos Of The Snow Or Ice Condition That Caused Your Fall
If an accident due to snow and ice occurs, it is likely that the conditions will alter or vanish soon afterward even if no action was taken by the owner of the property. Since heat can cause evidence of hazardousness to disappear quickly, immediate attention should be paid.
Get The Contact Information Of Eye Witnesses
If there are any eyewitnesses to the accident, get their contact information as quickly as possible. Don’t wait – this crucial evidence will be lost forever if you don’t secure it at the scene of the incident. Even though your Brooklyn snow and ice accident lawyer can gather more detailed details later on, having witnesses’ preliminary contact info is an invaluable asset for your case.
Report The Accident To The Property Owner Or Tenant
Without a record of the slip and fall accident, an insurance carrier will dispute that the accident ever happened. It’s critical that you report the accident and take all precautions to preserve any evidence that supports your personal injury claim.
Do Not Speak To The Property Owner’s Insurance Adjuster
As soon as an insurance company learns of your accident claim, they will most likely contact you to obtain a recorded statement. However, it is important that you do not agree to this – the insurance company does not have your best interests in mind and is only looking out for itself; seeking ways to reduce its costs while pushing blame onto you. Therefore, before speaking with any adjuster or representative from the insurance agency, be sure to reach out to a knowledgeable Brooklyn snow and ice accident attorney who can protect your rights.
Frequently Asked Questions
How Common Are Slips And Fall Accidents In New York?
The National Safety Council has deemed falls to be the top source of accidental death in America, yet also insists that these incidents are avoidable. Similarly, statistics from New York’s Department of Health unveil an alarming number of hospitalizations resulting from slip and fall accidents – a total of 52,673 annually. This is why it is essential to take measures now towards preventive action against such cases. The agency revealed that fall-related injuries are the leading cause of:
- 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?
In New York City, any of the listed entities could be liable for slips and falls caused by snow or ice:
- 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.
To secure the compensation you deserve, determining the cause of your accident as well as who is liable for its upkeep must be identified. Our premises liability attorneys are here to assist you with this process and help you hold negligent parties accountable for your injuries.
How Do I Prove My Snow/Ice Accident Case?
Whether you’ve taken a fall on private land, along the sidewalk of a commercial property, or in front of an individual home – there are general elements that must be proved when assessing liability for icy and snowy conditions. You first need to identify who is at fault before establishing if they:
- 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 Brooklyn Ice And Snow Accident Lawyers Today
If you’ve recently slipped and fallen on ice or snow in Brooklyn, you may have a right to compensation. Property owners have a duty to keep their walkways safe for the public and when the duty is not met, they may be held liable. Contact Rosenberg & Rodriguez today to speak with one of our Brooklyn snow and ice accident lawyers to receive a free consultation and learn more about how we can help you recover compensation for the pain and suffering you’ve experienced.