New York City Snow & Ice Accident Attorney
Weather in New York City can create many hazards in the wintertime. Your chances of slipping and falling on snow & ice are increased when responsible parties fail to take reasonable safety measures. These types of falls can cause serious back, neck, head, leg, and many other injuries. Here are some legal doctrines to consider when attempting to assign liability for your injuries.
NYC Administrative Code 16-123
In New York City, property owners generally have an obligation to clear the walkways and sidewalks of snow and ice within a reasonable amount of time after a storm. There’s a law that speaks directly to this issue: New York City Administrative Code §16-123 specifically dictates when owners (and others) must remove snow, ice, dirt from sidewalks abutting their properties.
New York City Administrative Code §16-123 states that “every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter, the time between nine post meridian and seven ante meridian not being included in the above period of four hours.”
In NYC, the law gives owners (or anyone in charge of the property) a specific time frame (4 hours) to remove snow, ice, or dirt from the sidewalks. If someone were to slip & fall due to snow or ice within the specified time frame after a snow storm, this fact muddles your legal case making it more difficult because the defendant may have a good, viable defense (arguably).
Continuous Storm Exception
The policy behind NYC Administrative Code §16-123 is related to the continuous storm doctrine: if a snow storm is in progress & someone slips & falls during the storm, owner will generally not be held liable. This doctrine is a viable defense, and many property owners use it if the circumstances allow. However, there have been cases where owners could not avail themselves of this defense because they elected to remove snow in an ongoing storm and did not do so with reasonable care owner thereby creating or exacerbating a natural hazard created by the storm.
Your rights to travel with reasonable safety throughout this wonderful city should be respected. If you have been injured as a result of falling on snow or ice, you may be entitled to recover for your personal injuries. The law behind snow and ice injuries can easily become complicated, and having an experienced premises injury attorney is crucial to recovering the appropriate compensation you deserve. Michael Manoussos & Co PLLC, a top NYC personal injury law firm, can represent your interests and rights and obtain you the recovery to which you are entitled.