You can sue after slipping and falling on ice if the property owner fails to address hazardous conditions on their property. In New York, property owners and managers are legally responsible for maintaining safe walkways and promptly removing snow or ice that could pose a risk. Filing a lawsuit in these cases requires evidence that the property owner knew or should have known about the icy conditions and did not take appropriate action.Consulting a New York City slip and fall accident lawyer can help clarify your options and determine if you have a viable claim based on the specific facts of your case.
Can You Sue for Slipping on Ice? What Conditions Make a Property Owner Liable for Ice-Related Falls?
A property owner may be liable for a fall on icy surfaces if they fail to take reasonable steps to clear or treat the area. In New York, owners are expected to make walkways and entrances safe by addressing winter hazards. Liability may arise if the following conditions are met:
- Failure to remove ice or snow in a timely manner: From 7 a.m. to 5 p.m., property owners must clear walkways within four hours after a storm ends. Delays in clearing ice or snow may contribute to liability.
- Improper salting or sanding: Inadequate salting or sanding can leave surfaces slippery and unsafe. Property owners who fail to take these precautions could be responsible if someone is injured.
- Poor drainage leading to ice formation: When drainage issues lead to standing water that later freezes, the property owner may be held accountable if they fail to address the source of the hazard.
Each case is unique, and factors like the location of the fall, the severity of the ice, and the property owner’s actions all play a role in establishing liability. Our New York City personal injury lawyers have years of experience in civil law and can help determine who is at fault for your accident.
How do You Prove Negligence in a Slip and Fall on Ice Case?
To prove negligence in an ice-related slip and fall case, you must show that the property owner failed to uphold their duty of care. In New York, proving negligence generally involves establishing four key elements:
- Duty of care: The property owner had a responsibility to maintain safe walkways and prevent icy hazards.
- Breach of duty: The owner did not take reasonable steps to remove ice, apply salt, or otherwise treat the slippery surface.
- Causation: The icy conditions directly led to your fall and resulting injuries.
- Damages: The fall caused specific losses, such as medical expenses, lost wages, or physical pain.
Gathering evidence is essential to proving negligence. Photographs of the icy area, witness statements, and maintenance records can help strengthen your claim. Working with an experienced attorney can improve your chances of successfully demonstrating negligence.
What Types of Compensation Can You Recover in an Ice-Related Slip and Fall Lawsuit?
If successful, an ice-related slip and fall lawsuit can help you recover various types of compensation, including economic and non-economic damages. The specific damages you may be entitled to will depend on the severity of your injuries and the impact of the fall on your daily life.Common forms of compensation include:
- Medical expenses: Covers emergency care, surgeries, physical therapy, and other treatments related to the injury.
- Lost wages: If you missed work due to the fall, you might be eligible to recover lost income and, in some cases, compensation for reduced earning capacity.
- Pain and suffering: Non-economic damages may be awarded for physical pain, emotional distress, and loss of enjoyment of life resulting from the injury.
In cases of severe or permanent injury, additional damages may apply, such as compensation for long-term care or accommodations. Consulting a New York City premises liability lawyer can help clarify which damages you may be eligible for in your particular case.
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Are there Time Limits for Filing a Slip and Fall Claim?
In New York, you generally have three years from the date of the slip and fall accident to file a personal injury lawsuit. This time limit is known as the statute of limitations. Missing this deadline can prevent you from pursuing compensation, making it essential to act promptly.However, if the fall occurred on government property, such as a sidewalk maintained by a city or municipal entity, you may face additional notice requirements and shorter filing deadlines. Consulting with a lawyer soon after the accident can help ensure that all legal deadlines are met, preserving your right to seek compensation.
Contact Our Team for Help with Your Ice-Related Slip and Fall Claim
If you’ve been injured after slipping on ice due to unsafe conditions, Levine And Wiss is here to help. Our experienced attorneys understand New York premises liability laws and can evaluate your case to determine the best legal options available to you.By reaching out to Levine And Wiss, you can gain the support and guidance needed to pursue your claim with confidence. Contact us today to schedule a consultation and learn more about how we can help you recover compensation for your ice-related slip and fall injuries.
