Queens Snow & Ice Accident Lawyers
Qualified Snow & Ice Accident Lawyers In Queens, NY
Although snow and ice are common in New York City during winter, it’s still necessary for property owners to clear them away. Neglecting this task can result in dangerous slip and fall accidents, as well as financial penalties for those responsible. Therefore, everyone should take proper measures to decrease the risks of these accidents by removing snow and ice from their premises.
If you have been injured in a snow or ice accident, it can be devastating. Rest assured, we at Rosenberg & Rodriguez are here to support you. Our team of Queens snow and ice accident lawyers specialize in these types of cases and will assist you with every step of the claims process. We will ensure that the responsible parties are held accountable for your injuries. Book a free consultation with us today in order to start claiming the damages that are rightfully owed to you as soon as possible.
Property Owners Are Liable For Slippery Or Dangerous Walkways In New York
According to Section 16-123 of the New York City code, property owners are responsible for removing any snow and ice from sidewalks within four hours of the end of a snowfall. If the snow and ice are too difficult to remove, an anti-skid substance, such as sand, should be spread over the surface until weather conditions improve and the removal can be done safely.
Property owners may be fined if they do not clear away snow and ice, and can also be held responsible for any damages resulting from slip-and-fall incidents caused by these obstacles on their land. Homeowners’ insurance or general business liability coverage can help cover these consequences.
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. If you have been involved in a catastrophic incident, such as a snow and ice accident, you may require surgery to recover. Elderly individuals may experience prolonged health issues and be unable to lead an active lifestyle for several months. Fortunately, our Queens personal injury lawyers specialize in snow and ice accidents and will take strong legal action against insurance companies to ensure your injuries are taken seriously.
Causes Of Snow & Ice Accidents In Queens, NY
New Yorkers are more likely to slip on snow and ice during winter. Property owners or their representatives can prevent these incidents by maintaining the sidewalks properly such as timely removal of snow or ice. Even though some may consider these incidents as “accidents”, they are avoidable. To ensure your safety this winter, make sure you are not a victim of negligent management practices.
Sometimes, the person responsible for a property may be negligent and create a hazardous situation that results in a slip and fall accident. For example, they may allow snow to accumulate on driveways until it melts and refreezes onto walkways. Other common causes of slips on 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
If you plan on suing for a snow or ice-related incident in New York City, it is important to be familiar with the specific regulations related to these situations. It is highly recommended that you consult with a knowledgeable Queens snow and ice accident lawyer. The regulations will identify who can be held responsible for the incident, and what evidence is necessary for your case to be successful. If the wrong parties are identified or the lawsuit is filed too late, however, your case may not be accepted 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 specifies that the removal process can only take place between 7 a.m. and 9 p.m. This ensures better visibility and safer conditions for pedestrians who use public pathways in urban areas, and excludes any time during the night.
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”. Property owners of commercial businesses and investment properties may be held accountable if individuals are injured due to snow or ice near their premises. However, it is important to review local laws for exceptions and to avoid making assumptions about liability.
If you own a home that is designed for residential purposes and has one to three families living in it, you do not have to worry about being held responsible for any injuries caused by snow or ice on the sidewalk during the winter. However, the City of New York is responsible for clearing the snow and ice from the sidewalks around these homes within a reasonable period to prevent any accidents.
What To Do After A Snow/Ice Slip And Fall Accident
If you have a bad fall on snow or ice, it’s possible to suffer serious injuries like fractures, spinal cord damage, or head trauma. It’s important to take immediate action to protect your legal rights if this happens.
Seek Medical Attention
It’s important to take your injury seriously and avoid walking on icy or snowy surfaces to prevent further falls. Also, keep in mind that if you wait too long to seek professional help, insurance companies may not link your medical condition to the accident.
Take Photos Of The Snow Or Ice Condition That Caused Your Fall
It is crucial to act quickly after a winter accident as the evidence of danger can disappear rapidly due to heat. It is important to take appropriate measures promptly to avoid any further hazards before they disappear. Even if the property owner has not taken any action before the incident, the snow and ice conditions may change or disappear soon after the event.
Get The Contact Information Of Eye Witnesses
Obtaining the contact information of eyewitnesses is extremely important and should be done quickly. This evidence needs to be collected at the scene to ensure it is not lost forever. Your Queens snow and ice accident lawyer can get more information later, but having the initial contact details of witnesses is invaluable for your case. Don’t wait – gather this information as soon as possible!
Report The Accident To The Property Owner Or Tenant
It’s important to document the slip and fall accident thoroughly to strengthen your personal injury claim. This will also prevent insurance companies from disputing the incident. Keep all relevant documents and take the necessary steps to preserve evidence for your injury case.
Do Not Speak To The Property Owner’s Insurance Adjuster
If you file an accident claim with your insurance company, they may contact you for a recorded statement. Be cautious and do not agree to anything the insurance company suggests. Keep in mind that their interests might conflict with yours. They will try to minimize expenses and hold you accountable, if possible. To protect your rights, it is highly recommended that you find a knowledgeable Queens snow and ice accident attorney before speaking to anyone from the insurance company.
Frequently Asked Questions
How Often Do Slip And Fall Accidents Occur In NYC?
The National Safety Council reports that falls are the leading cause of accidental death in America. The New York Department of Health also reveals that there are 52,673 hospital visits annually due to slips and falls. To prevent such incidents from happening, it is crucial to take preventive action immediately. Additionally, the Department of Health reports that falls can result in major injuries.
- 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 Queens, NY?
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 collaborate with you to determine the cause of your accident and identify the individuals or entities legally responsible for its consequences. Holding these parties accountable will help to restore justice in 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 Queens Ice And Snow Accident Lawyers Today
If you slipped and fell on ice or snow in Queens, NY, you may be able to receive compensation. Property owners are required by law to keep their walkways safe, and if they fail to do so, they may be responsible. Contact Rosenberg & Rodriguez for a free consultation with one of our experienced Queens snow and ice accident lawyers to learn more about how we can help you seek justice and recover damages. Don’t delay – call us now!