Did you slip and fall on ice and wonder if you can file a lawsuit in New York City? Every year, slip and fall accidents send around 53,000 people to the hospital in New York, according to the state’s Department of Health. These accidents can cause serious injuries—from fractures and head trauma to spinal cord damage.
A seemingly minor fall on an icy sidewalk could turn your life upside down, making everyday tasks difficult or even impossible. So, when can you file a lawsuit? Our legal experts at Proner & Proner explain the key factors that determine whether you have a valid claim.
Mitchell Proner has been recognized as one of the most talented and experienced trial advocates in the country. He has represented clients in over 30 jurisdictions across five continents and has won over $500 million for accident victims. If you’ve been injured in a slip and fall accident, call us today for a free case evaluation at 800-321-1234.
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How Do You Prove Negligence?
In New York, property owners and tenants aren’t just responsible for what happens inside their buildings. Under Premises Liability Law, they’re also required to keep sidewalks and walkways safe. If they fail to do so and someone gets hurt, they could be held liable.
However, not every slip and fall accident leads to a successful lawsuit. Our attorneys, with over 60 years of experience winning these cases, recommend asking yourself these three questions before filing a claim:
- Was the snow or ice removed improperly? Property owners are responsible for clearing snow and ice safely. In some cases, poor snow removal can be more dangerous than not removing it at all—giving pedestrians a false sense of security.
- Did the property owner or tenant know about the hazard? If there’s proof that the owner knew their sidewalk or entrance was dangerously icy but did nothing to fix it, you might have a strong case.
- Did you take reasonable precautions? Your claim is stronger if you were careful. For example, if you sprinted down Fifth Avenue right after a snowstorm, your case might not hold up. But if you were walking cautiously and still slipped, you might have legal grounds to sue.
When Can You File a Lawsuit?
Unlike construction accidents, where safety rules are strictly enforced, slip and fall cases on snow and ice involve natural elements. Still, property owners must take reasonable steps to prevent injuries.
Here’s the bottom line: It’s not their fault that it snowed, but it is their responsibility to clear the snow in a timely manner.
At Proner & Proner, we see two common scenarios where victims can file a claim:
- Failure to remove snow in time: If a property owner had plenty of time to shovel snow after a storm but didn’t do it, and the snow turned into ice, they could be held liable. New York City law gives property owners four hours to remove snow once it stops falling (except between 9:00 PM and 7:00 AM). If they ignore this rule and someone gets hurt, they could face legal consequences.
- Ice caused by water leaks: If a leaky pipe or faulty drainage system causes ice to form on a sidewalk, and the owner knew about it but failed to fix it, they could be sued if someone slips and falls.
When Can’t You File a Lawsuit?
Some slip and fall cases are tough to win because they involve natural conditions that aren’t necessarily the property owner’s fault.
Here are two scenarios where a lawsuit probably won’t succeed:
- You slipped while it was still snowing. According to Mitchell Proner, lead attorney at our firm, lawsuits are nearly impossible to win under these conditions.
- The property owner didn’t have enough time to clear the snow. If the accident happened immediately after a snowfall, it’s difficult to prove negligence. Property owners need a reasonable amount of time to clear ice and snow.
At Proner & Proner, we carefully analyze weather records to determine whether the property owner had enough time to act. If you’ve been injured in a slip and fall accident, call us for a free consultation.
Get Advice From An Experienced Personal Injury Lawyer
All You Have To Do Is Call 212-986-3030 To Receive Your Free Case Evaluation.
Time is Critical. Act Fast!
In slip and fall cases, evidence disappears quickly. Ice melts, and weather conditions change fast. That’s why the sooner you act, the better your chances of winning your case.
If you slip and fall on ice, here’s what to do immediately:
- Take photos of the accident scene
- Go to the hospital for a medical evaluation
- Call our attorneys right away
At Proner & Proner, we work on a contingency fee basis, which means you pay nothing unless we win your case.
How Much Compensation Can You Receive?
If you’re injured in a slip and fall accident on ice, you may be eligible for compensation, including:
- Medical bills (past and future)
- Lost wages
- Future lost earnings (if you can’t return to work)
- Pain and suffering
- Reduced quality of life
Our attorneys fight to get you the maximum compensation as quickly as possible. Don’t wait—call us today for a free, confidential consultation!
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
