New York City winters can be beautiful, with snow blanketing Central Park and shimmering icicles hanging above busy sidewalks. But for those navigating the city streets on foot, icy conditions can turn a simple errand into a painful or even life-changing accident. A slip-and-fall on snow or ice can leave you facing not only physical injuries but also mounting medical bills, lost wages, and more.
If you or someone you know has been hurt in a slip-and-fall accident during a snowy New York winter, you may be asking yourself a critical question—who’s supposed to keep the sidewalks safe? Below, our NYC slip and fall lawyers break down NYC snow removal laws and explain what happens when they’re not followed.
What Does NYC Law Say About Snow Removal?
New York City has strict snow removal laws designed to keep sidewalks safe for pedestrians, especially in busy areas like Times Square, Park Avenue, or the streets around Yankee Stadium. Here’s what you need to know:
Property Owner’s Responsibility
The City of New York places the responsibility for snow and ice removal on property owners. This includes owners of residential, commercial, and industrial properties. Whether it’s a homeowner in Queens or a business owner near Wall Street, they are obligated to clear their sidewalks within a specific time frame after the snow has stopped falling.
Key Points to Remember
- Time Frame: Property owners generally have four hours from when the snow stops to begin clearing sidewalks if the snowfall ends between 7 a.m. and 5 p.m. Snow that stops falling after 5 p.m. but before 9 p.m. must be cleared within 14 hours. And, show that accumulates after 9 p.m. must be cleared by 11 a.m. the following day.
- Scope of Duty: Clearing the sidewalk doesn’t just mean creating a narrow path. The path must be at least four feet wide, if possible. Bus stops and fire hydrants in front of the property must also be cleared of snow. Furthermore, snow should not be shoveled into the street. Instead, it can be moved to the property owner’s front yard, behind the stoop line, or to the grassy curb strip, if there is one.
- Salt/Sand Application: After clearing snow and ice, property owners are required to apply salt, sand, or a similar material to prevent slipperiness, and thoroughly cleaned of the debris as soon as possible
Homeowners, property managers, businesses, and others, who do not comply with the snow-clearing rules face fines of $100-$150 for the first offense up to $350 for repeat offenses.
However, the risk of fines pales in comparison to the compensation a responsible party may be required to pay if someone slips and falls on ice in an area of their property that should have been cleared.
Exceptions to the Rule
While the law applies to most property owners, there are certain exceptions. For instance, the City itself takes responsibility for sidewalks around public buildings, schools, and parks, such as City Hall or Union Square Park. Additionally, apartment renters might mistakenly assume their landlords are responsible, but that isn't always the case, as specific lease agreements can vary.
When Snow Isn’t Cleared, Accidents Happen
Unfortunately, not everyone follows these snow removal laws. A lawsuit or claim can arise when someone fails to keep their property safe, leaving others vulnerable to injury.
Imagine you're walking down 5th Avenue, heading to work or running an errand, when you encounter a patch of ice that hasn’t been properly salted. You lose your balance and fall, twisting your ankle or even suffering a fracture. It's not just the physical pain that's overwhelming—it's the disruption to your life.
Common injuries in NYC slip and fall accidents include:
- Broken Bones: Wrists, elbows, and hips are especially vulnerable during falls.
- Back and Spine Injuries: These can range from muscle strains to life-altering spinal cord damage.
- Head Injuries: Even a mild concussion can have lingering effects, and severe traumatic brain injuries can significantly impact your quality of life.
- Knee Injuries: Torn ligaments or cartilage damage often need surgery and months of rehabilitation.
When a sidewalk isn’t shoveled or salted and cleared, the injuries that follow are entirely avoidable. This negligence can disrupt everything—from your daily routine to your ability to earn an income.
Who Is at Fault for Your Slip-and-Fall Accident?
If you’ve had a slip-and-fall in NYC, determining who is responsible for your accident depends on several factors. The specifics of your case matter—the location of the fall, whether the sidewalk was residential or commercial, and how much time had passed since the snow stopped.
Here’s how liability typically plays out under NYC’s snow removal laws:
Property Owners
As mentioned earlier, property owners are tasked with clearing sidewalks. If a homeowner in Brooklyn ignored their duty to shovel or a store manager near Bryant Park left the sidewalk untreated, they could be held accountable for your injuries.
Landlords and Tenants
For rental properties, things can get murkier. Some leases transfer snow removal duties to tenants. If the landlord and tenant dispute who was responsible for clearing the sidewalk, that issue could impact your claim.
City of New York
The City itself can be at fault in some instances. For example, if you were injured near a government building, police station, or subway entrance like at Times Square-42nd Street, the City might be liable for poor maintenance. However, bringing a claim against the City involves additional legal hurdles, including shorter deadlines to file your claim.
Third Parties
Lastly, in some cases, third parties such as snow removal companies or maintenance staff may be at fault. For example, a business on 34th Street might hire a company to clear the snow. If that company performs poorly, they could share liability for your injuries.
Steps to Take After a Slip-and-Fall
Suffering an injury can be disorienting, but taking the right steps after a slip-and-fall accident can help you protect your rights and your ability to recover compensation.
Here’s a checklist to guide you:
- Seek Medical Attention Immediately: Even if your injury seems minor, see a doctor as soon as possible. Some injuries, like concussions, may not show symptoms right away.
- Document the Scene: If possible, use your phone to take pictures of the icy or snowy area where you fell. Be sure to include nearby landmarks like a building number or street sign—this can establish where the accident happened.
- Gather Witness Information: If anyone saw your fall or noticed the condition of the sidewalk, get their contact details. Their testimony could be crucial if you file a claim.
- Save Clothing and Shoes: Keep the clothing and shoes you were wearing at the time of the fall. These items could become evidence if your case goes to court.
- File a Report: Notify the property owner or manager about your fall, and if you were injured on City property, file a claim with the appropriate municipal department.
- Consult a Legal Professional: Slip-and-fall cases can be incredibly complex, especially when snow removal laws are involved. Speaking with an experienced attorney can help you understand your options and build a strong case.
NYC Locations That Are Especially Dangerous in Winter
Some New York City spots are more hazardous than others in winter due to heavy foot traffic and tricky terrain. Here are a few examples to watch out for:
- Pedestrian Crossings: Pedestrian crosswalks are notorious for being unshoveled.
- Subway Entrances: Ice often accumulates near subway stairs, especially at busy stations like Grand Central or Penn Station.
- Parks: While beautiful, parks such as Prospect Park or the High Line can be treacherous when snow removal isn’t handled well.
- Bridges and Overpasses: Paths like the Brooklyn Bridge footpath can freeze over quickly.
If you’ve been injured in a winter-related slip-and-fall at one of these locations, you might not be alone. Neglecting snow and ice hazards in these high-traffic areas is an act of carelessness—and accountability is key to ensuring these injuries don’t keep happening.
How Compensation Can Help You Get Back on Your Feet
Dealing with the aftermath of a slip-and-fall isn’t just emotionally and physically exhausting—it’s costly. From ambulance rides to lost workdays, the expenses add up fast.
If you believe negligence led to your accident, seeking compensation can help cover:
- Medical Bills: This includes hospital stays, surgery, rehabilitation, prescriptions, and ongoing therapy.
- Lost Wages: If your injury kept you out of work, you could recover the income you’ve missed, as well as compensation for reduced earning capacity.
- Pain and Suffering: Beyond physical pain, you may be entitled to damages for emotional stress or reduced quality of life.
- Out-of-Pocket Expenses: This covers costs like transportation to medical appointments or hiring help for tasks you can’t currently handle.
Dealing with a slip-and-fall accident claim can feel overwhelming. An experienced lawyer can help lift this burden from you by handling the insurance claims and legal processes.
How a Lawyer Can Help with Your Slip and Fall Accident Case
Dealing with a slip-and-fall accident can be overwhelming. Between medical treatments, mounting bills, and the frustration of lost income, it’s hard to know what to do next. This is where an experienced premises liability lawyer can step in to guide you through the process, offering clarity and support during this challenging time.
Here’s how a lawyer can help ease your burden and fight for the compensation you deserve.
Navigating Legal Complexities
Slip-and-fall cases often involve layers of legal issues, especially when NYC snow removal laws come into play. A skilled lawyer will help you understand who’s responsible for your injury by reviewing snow removal ordinances, lease agreements, and property ownership records. They’ll handle all the legal intricacies so you can focus on your recovery.
Gathering and Preserving Evidence
A strong case needs solid evidence. From collecting photographs of icy sidewalks to securing witness statements, your lawyer will leave no stone unturned. They may even involve experts, such as accident reconstruction specialists or medical professionals, to strengthen your claim.
Negotiating with Insurance Companies
Dealing with insurance adjusters can feel like an uphill battle. These companies often prioritize their bottom line and might downplay or deny your claim. A lawyer knows the tactics insurers use and can stand firm on your behalf, ensuring you’re treated fairly throughout the process.
Proving Negligence
Establishing fault in a slip-and-fall case requires clear evidence that someone’s negligence caused your injury. Your lawyer will work tirelessly to show how the property owner, tenant, or another party failed to comply with NYC snow removal laws, leading to unsafe conditions.
Maximizing Your Compensation
Without legal advice, you might accept a settlement that’s far less than what you’re entitled to. A lawyer will calculate the true value of your losses, including medical expenses, lost income, pain and suffering, and future costs, to ensure you get the maximum compensation possible.
Providing Peace of Mind
Knowing an advocate is in your corner can provide relief during a stressful and uncertain time. While your attorney focuses on building a strong case, you can concentrate on healing and restoring your life.
With an experienced lawyer by your side, you don’t have to manage a slip-and-fall accident claim alone. They’ll fight tirelessly to hold the responsible parties accountable and secure the justice you deserve.
The Perecman Firm: We’re Here to Make Things Right
At The Perecman Firm, we understand how life-changing a simple slip-and-fall on the snow and ice can be. That’s why we work tirelessly to hold negligent parties accountable and secure the compensation you deserve.
We treat every client like family, fiercely protecting your best interests while you focus on what truly matters—your recovery. Whether your accident happened in Queens, Long Island, or the heart of Manhattan, our personal injury lawyers are here to ensure your voice is heard.
Slip-and-falls from icy sidewalks shouldn’t derail your life. If you’re ready to begin reclaiming control, contact us at (212) 977-7033 or through our online form for a free case consultation. Together, we’ll fight for justice and make things right for you and your family.