Can I Sue if I Slip and Fall on Ice or Snow in New York?
New York is no stranger to cold, winter weather. Snow and ice can create a significant hazard and lead to a slip and fall injury. While it is possible to recover compensation from the property owner, these accidents can be challenging to prove.
First, no one – including the person or company that owns the property where you fell – can control the weather. Likewise, walking outside during a snowstorm represents a degree of risk. However, that does not mean that a property owner is relieved of responsibility. If they fail to mitigate accumulated snow or ice in a reasonable amount of time, they could face liability for a fall.
If you have suffered injuries, it is vital that you seek legal guidance for your claim. Call right away to discuss your options with a slip and fall attorney in New York from Douglas and London.
The duty to clear snow and ice in New York
State law mandates that the owner maintain their premises in a reasonably safe manner. This includes addressing the risk of slipping and falling on accumulated snow and ice. The key phrase in this discussion is “reasonably.”
There are times when it is not possible to address the risk of a fall. For example, no amount of effort could keep a sidewalk or driveway clear while a snowstorm rages. When considering these claims, the courts will determine if the defendant had a reasonable amount of time to address this. Your attorney could advise you on what this might constitute.
Gathering evidence after falling on snow or ice
In many instances, the evidence gathered can make or break a claim. These cases are complicated by the fact that the evidence, snow and ice, can melt in a matter of hours. Thankfully, your attorney can assist you in this process. If possible, you should take photographs of the area where the fall occurred. If this is not possible, have a friend or relative do it for you.
Tracking down witnesses could also strengthen your claim. If someone can testify as to how the fall occurred, it might improve your chances of monetary compensation. While investigating the scene of the fall is essential, it should always come secondary to your health. Never pursue an investigation into a slip and fall claim until after your condition has been assessed and stabilized.
How Douglas & London could help At Douglas & London, we have pursued compensation for victims of slip and fall injuries for decades. In that time, we have learned what works and what does not with this type of claim. Schedule a free consultation right away to put our experience to work for you.