Long Island Snow And Ice Accident Lawyers
Snow And Ice Accidents On Long Island, NY
In New York City and its suburbs, winter weather can be severe. The accumulation of snow and ice on sidewalks and walkways after a winter storm can create dangerous conditions that may result in significant accidents. It is essential for property owners to maintain their premises in a reasonably safe condition, especially after a snowstorm, as they have an obligation to do so.
If you were injured because someone did not clear snow, ice, or debris from their property, you may be able to receive compensation for your injuries. Rosenberg & Rodriguez offers reliable legal representation to individuals who have experienced slip and fall accidents due to snow and ice. Our skilled Long Island snow and ice accident lawyers will work to get you the highest possible compensation for your damages. It is important to note that slip and fall accidents on snow or ice can lead to severe and incapacitating injuries, that’s why it’s important to consult with an attorney as soon as possible.
New York Laws About Snow And Ice Removal
After a snowstorm, property owners should clear the sidewalks next to their commercial, private, or municipal property within a specific timeframe, as dictated by local law. However, they must also make sure that the removal of snow and ice is done safely, without creating a hazard for pedestrians. If you get injured during a storm, you can only be compensated if the landowner worsened the condition. In case the municipality is responsible for the sidewalk, file a Notice of Claim in 90 days and initiate a lawsuit in 1 year and 90 days. If it’s a private landowner, you don’t need to file a Notice of Claim and have 3 years to begin your lawsuit.
Parties Who Are Responsible For Snow and Ice Falls in NYC
In New York City, slips and falls caused by snow or ice could be the responsibility of any of these parties.
- Private property owners – If you slip and fall on ice or snow while visiting the home of a friend or family member, you might be eligible to file a claim with their homeowner’s insurance.
- Commercial establishments – Because stores, businesses, and retail establishments profit from the presence of customers on their property, they have an obligation to ensure their safety.
- Governmental entities – Government entities must ensure that their properties are safe for public use and do not cause any injuries.
To determine if you are eligible for compensation, it is crucial to find out the reason behind the accident and the party responsible for maintenance. You can receive assistance from our Long Island snow and ice accident lawyers by contacting us today.
Common Snow And Ice Accident Injuries
It’s important to seek medical help without delay if you experience a slip and fall accident due to snow or ice. You might not immediately notice any injuries because of the shock of the fall. Getting medical attention right away can help you to detect any serious injuries, such as internal bleeding or injuries that may occur later. Common injuries that can result from slipping and falling on snow or ice include:
- Soft tissue injuries
- Lacerations and abrasions
- Broken bones and fractures
- Concussion
- Brain damage
- Spinal cord injuries
- Nerve damage
- Permanent disability
- Paralysis
- Fatality
After a slip and fall accident, individuals may need to undergo various diagnostic tests like X-rays, MRIs, CAT scans, and EMG-NCVs. These tests help the doctor assess the severity of injuries sustained. Depending on their diagnosis, the doctor may suggest treatment options like pain medication, physical therapy, chiropractic care, or surgery.
Comparative Negligence in Snow and Ice Cases
In slip and fall claims related to snow and ice, property owners often use the defense of comparative negligence against the injured party. This means they argue that the customer who fell was partially responsible for their own injuries because they were not paying attention to where they were walking. For instance, if the customer was looking at their phone and walked into a visible patch of ice, they may be at fault as well. The courts consider the level of carelessness by the plaintiff when deciding on compensation.
In New York, even if the plaintiff is partially responsible for an accident, they can still receive damages. However, the amount of damages will be reduced in proportion to the plaintiff’s level of fault. For example, if a plaintiff is 20% at fault for a slip and fall and receives a $100,000 award, they will only receive $80,000. If you’ve had a snow or ice slip and fall in New York City, a skilled snow and ice accident lawyer on Long Island may be able to help reduce the amount of fault assigned to you. Contact Rosenberg & Rodriguez now to find out more.
Frequently Asked Questions
How Common Are Snow And Ice Accident In New York?
The National Safety Council states that falls are the primary cause of accidental deaths in the United States. Fortunately, this safety agency affirms that all falls can be prevented. According to the New York Department of Health, slip and fall accidents lead to 52,673 hospitalizations annually. Moreover, fall-related injuries are the top cause of:
- Hospitalizations for children 0-14
- Hospitalization for adults 25 and older
- Unintentional injury deaths for adults 45+
Furthermore, the New York Department of Health points out that falls follow predictable patterns that could be prevented.
What Should I Do After A Snow Or Ice Accident On Long Island?
The following steps can help you protect your health and premises liability claim after a slip and fall:
- Seek immediate medical attention so that your injuries are diagnosed, treated, and made part of your medical records
- Report the accident to the property owner
- Take photos of the ice or snow as it will quickly disappear
- Ask any witnesses who saw your fall for their contact information
How Do I Prove My Snow And Ice Accident Case?
When trying to determine who is responsible for a slip and fall on icy and snowy surfaces, it’s important to identify the liable party, whether it’s a private property owner, a business owner, or a homeowner. After that, you need to establish the necessary elements to determine liability.
- 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 Long Island Snow And Ice Accident Lawyer Today
If you slip and fall due to snow or ice, it’s important to get legal help right away to protect your rights. There are strict time limits for premises liability cases, and they’re even shorter if a city is involved. Rosenberg & Rodriguez has extensive experience representing these types of accidents. Our Long Island snow and ice accident lawyers can support you and will work hard to get you the best possible outcome for your case. Contact our office today for a free consultation and to learn more about how we can help you recover the compensation that you deserve.