With winter comes ice and snow, increasing the likelihood of accidents on improperly cleaned sidewalks and other surfaces. If you’ve sustained injuries and need help determining who’s responsible for negligent snow and ice removal, please read on and contact an experienced New York City premises liability attorney.
WHO’S RESPONSIBLE FOR SNOW AND ICE REMOVAL IN NEW YORK?
In New York, the property owner will be held liable if someone is injured while walking on snow or ice that was not cleared in a timely manner, as that constitutes a hazardous condition. Property owners who don’t comply with this mandate will face fines up to $350. According to the New York City Administrative Code, every owner, lessee, tenant, occupant or other person having charge of any lot or building must clean snow and ice from all sidewalks adjacent to their properties.
WHAT EVIDENCE DO I NEED?
One of the most critical components of any personal injury case is the requirement that you’re able to prove that the property owner knew or should have reasonably known about the dangerous conditions and failed to correct them. To prove your case, you will need to show that you or someone else notified the defendant of this unsafe condition or that the defendant should have found and fixed the condition because it existed for a long time and was very visible. Lastly, you will need to show the damages or injuries sustained as a result of the fall, as attested to by healthcare professionals and medical records.
WHAT IS COMPARATIVE NEGLIGENCE?
Before you file a claim, you should be aware that the property owner will probably argue that you share some portion of the blame for your accident. Their potential arguments include the following:
- You were on a part of the property where pedestrians aren’t usually allowed or expected to be
- You weren’t paying attention to where you were walking
- You were wearing inappropriate or unsafe footwear
- The dangerous condition was cordoned off by cones and signage
- The dangerous conditions should have been obvious to you
According to New York’s pure comparative negligence rule, you can be found partially responsible for your accident, meaning, your award will be reduced by a percentage equal to your share of fault. For example, if the jury awards you $10,000, but finds you 40% responsible, you’re entitled to $6,000. A host of other factors go into the determination of blame and how much a victim is entitled to. If you’re unsure where you stand, contact a skilled New York City personal injury attorney today.
Contact Our New York City Firm
If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.