When winter weather strikes in New York, snow and ice can pile up on rooftops, awnings, gutters, and ledges, presenting a unique hazard to pedestrians. As temperatures fluctuate, this buildup can loosen and crash down, causing devastating injuries to those below. If this reflects what happened to you, you may be wondering if you have legal recourse. The answer usually depends on whether the property owner took reasonable steps to keep their premises safe. Please continue reading as we delve into the complexities of premises liability laws in New York regarding winter weather incidents and how a determined New York City Premises Liability Attorney can help you fight for the justice you deserve.
Can I Hold a Property Owner Liable if I Was Hurt by Falling Ice or Snow in New York?
Under premises liability laws in New York, property owners and occupiers are legally obligated to maintain safe premises for visitors. This duty includes implementing measures to address and rectify hazardous conditions caused by winter weather. For instance, a business with an awning must remove precarious accumulations before they can fall on customers. Similarly, a landlord is required to remove dangerous icicles. Failure to comply can lead to a personal injury claim if an individual sustains harm due to negligence.
It’s crucial to note that not every injury automatically establishes liability. New York courts evaluate whether the property owner failed to act reasonably, considering the specific circumstances. Courts also acknowledge that property owners are not expected to clear snow or ice during an active storm. However, once the storm has passed, they are obligated to remove dangerous ice within a reasonable timeframe. If a hazard cannot be immediately fixed, owners must warn visitors about the dangerous conditions on the premises. A property owner may be held liable if they knew, or reasonably should have known, about a hazardous condition and failed to address it.
How Can a Lawyer Help?
Establishing negligence in falling ice or snow cases can prove difficult. Property owners often contend that such incidents were unavoidable or that their responses were appropriate given the prevailing conditions. A qualified attorney can help by:
- Investigating the accident to determine why it transpired
- Collecting evidence of damages to assess the full value of your claim
- Identify the responsible party by reviewing maintenance logs
- Collaborating with experts to establish causation
- Negotiating a settlement to secure the compensation you deserve
- Representing your interests in court, if necessary, to secure the most favorable outcome
Additionally, an attorney will ensure your claim is filed within New York’s statute of limitations, which can be as short as 90 days for claims against the government or three years for private property. Failing to file within the appropriate timeframe can result in relinquishing your legal rights.
Determining liability following an injury caused by falling ice or snow can be complex. As such, it’s in your best interest to connect with an attorney at Swerling Law, who can help you fight for the compensation you need to get your life back on track. Connect with our firm today to schedule a consultation.