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Ernest Holzberg & Associates Blog

New York City Personal Injury Lawyers

Ernest Holzberg & Associates FAQ

New York City Personal Injury Lawyers

Winter Weather is Here

Winter Weather is Here

Winter weather has arrived in full force. We have already had three snow storms and conditions are hazardous. This is the time of year when everyone worries about slips and falls on snow or ice. If you are injured, who is responsible? If you own property you need to know what you are required to do to keep pedestrians safe.

If you are injured in a slip and fall, in addition to dialing 911 to get an ambulance you should make a police report. The police will write what is known as an “Aided Report” which will document how and where you fell. Be specific about the location but avoid stating details to police or medical staff about the size of the ice patch or color of the ice or snow. If you fall during an ongoing storm you should look to see if there was “old ice” underneath the new snow.

Remember, “a picture is worth a thousand words” so try to take photographs as soon as possible after an accident.

Property owners in New York State have a duty to clean snow and ice on their property within a reasonable period of time after the snow stops. There is no State wide bright-line rule about the length of time that is considered reasonable.

In New York City there is a clear rule in the Administrative Code 16-123: Apartment Building owners have to clear snow and ice from the sidewalk within four hours after it stops snowing. If the storm ends after 9:00 p.m. the four hour period begins at 7:00 a.m. the next morning.

 

If the sidewalk is in front of a commercial property, such as a store, the commercial tenant is required to clean the sidewalk. If you fall in a private parking lot, there may be a plowing company which can also be held responsible for your injury.

Every snow and ice injury case is different and the proof required to be successful can be tricky.

Be sure to note the date, time and place where you fell and contact a personal injury attorney soon as possible after your accident.

 

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