Slip/Fall On Ice: What To Know In New York
Did You Slip and Fall on Ice? Here is What To Know In New York
At some point in one’s life you have slipped and fell on ice. Most times you get up, dust yourself off and continue on your trip. However, if you were injured because of the fall on ice there are certain things that you need to know and if you want to pursue a claim with a personal injury lawyer.
The first thing that you should do is to take a picture of the patch of ice that you slipped on, including photos that show the location of the ice with reference to the building you fell in front of, if you can. It is very important that the condition be documented. It would also be very helpful if a police accident report and/or ambulance call report was made at the scene of the accident to verify that you fell on ice at that specific location. Finally, if there was a witness to your fall it would be helpful to obtain the name, address and phone number of that person. These three actions can help your attorney establish a case.
What Are Your Rights In New York?
Slip and fall on ice cases are very difficult to prosecute. Different than a broken sidewalk where it is easier to show that the defective condition had existed for a long time, an ice case has certain elements that need to be proven.
Storm In Progress
A landowner or tenant may be held liable for a dangerous condition on the sidewalk in front of its premises caused by the accumulation of snow or ice if you can show that the landowner had actual or constructive notice of the condition, and that a reasonably sufficient time had lapsed since the end of the snow/storm event. This is to allow time for the landowner to take protective measures by shoveling the snow or removing the ice. If it is snowing or sleeting rain at the time of your accident in New York, it would be very difficult to prove that the land owner is at fault for you accident. Under the “Storm In Progress” rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to remove the hazards caused by the storm. Each case and jurisdiction is a little different, but most cases require several hours time from the end of the storm until the clean-up process will begin.
Created Condition And What You Need To Know
Sometimes the land owner or its agent negligently removes the snow and/or ice by improper shoveling and/or removing the ice causing the condition to actually be worse than if the snow remained. A claim may be made against the landowner on creating a hazardous condition or making a hazardous condition worse.
Since I Did Slip and Fall, Now What?
If you slipped and fell on ice in New York, and injured, and you believe it was due to your landlord’s neglect to properly maintain the sidewalk or property you will want to call a New York attorney who handles these type of cases.
Here at the Law Offices of Stuart M. Kerner, P.C. we have great experience in assessing injuries and pursuing claims and lawsuits against the wrongful parties.
For a free consultation, give us a call at (718) 796-9000. Or you can schedule a free consultation with a New York Accident Lawyer online.
If you are injured in an ice slip and fall and are in need of a Bronx Car Accident Lawyer, the Law Offices of Stuart M. Kerner, P.C., located in the Riverdale section of the Bronx, will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering. If you would like a legal opinion on the potential value of your personal injury matter or have a question about your rights, contact one of our car accident injury lawyers toll-free at 888-475-7544 to schedule a FREE Consultation online so we can evaluate your personal injury case.