With winter upon us many people ask who is liable for a slip and fall on ice or snow? Well, the law in New York is interesting.
Actually, as a landlord, as an owner of a property, you don't have to clean the steps outside leading to your property.
You don't have to clean the walkway.
You don't have to clean the sidewalk, you don't have to clean it while the storm is in progress, meaning while the snow is falling, while the sleet is falling, while the freezing rain is falling, or while the simple rain is falling, which we'll turn to ice, you don't have to clean it while the storm is in progress and anybody who falls while the storm is in progress, has a very difficult case.
Those cases are usually lost and dismissed under that storm in progress rule because it's just common sense.
A landlord wouldn't need to clean snow, for example, with a shovel or with salt while the snow is still falling because they clean it and then more snow falls right after that, so it just wouldn't make sense.
But after it stopped snowing, what's known as cessation, once it seizes to precipitate any longer.
From that point, the landlord has four hours under Administrative Code 16-123 and in those four hours, they should clean by using a shovel, by using a snowblower, by throwing salt and taking other reasonable measures.
And everything is reasonable.
What an ordinary person would do, what a reasonable person would do.
And that ties into negligence because negligence is the lack of ordinary or reasonable care.
So that basically explains who is liable in a slip and fall case in the state of New York.
And if you or a loved one has fallen due to ice, snow, or another condition due to the weather, give us a call.
We'd be happy to give you a free consultation.
Explain your rights.
And we've handled many cases involving snow and ice where we've had very successful outcomes.