19 Mar Slip and Fall on Ice: NY Property Owner Liability

Slip and Fall on Ice: New York Property Owner Liability

Winter in New York brings icy sidewalks, slippery parking lots, and treacherous walkways that lead to thousands of slip and fall injuries every year. If you were injured in an ice-related fall on someone else’s property, New York law may entitle you to compensation for your injuries and losses. Understanding how property owner liability works in winter accident cases is the first step toward protecting your rights.

Property Owner Responsibilities in Winter

In New York, property owners — including homeowners, commercial property owners, landlords, and municipalities — have a duty to maintain their property in a reasonably safe condition. In winter, this includes clearing snow and ice from sidewalks, walkways, stairs, and parking lots within a reasonable time after a storm, and applying salt or sand to reduce hazardous conditions.

The Storm in Progress Rule

An important limitation on property owner liability in New York is the “storm in progress” doctrine. Under this rule, property owners are not required to clear snow and ice while a storm is actively occurring. They are only obligated to take reasonable measures within a reasonable time after the storm has ended. This means that if you slipped and fell while snow was still actively falling, the property owner may not be liable — even if the walkway was icy. However, once the storm ends, the owner must act within a reasonable time to address the hazardous conditions.

Exceptions to the Storm in Progress Rule

There are exceptions to this rule. If a property owner undertook snow and ice removal during the storm but did so negligently — creating a more dangerous condition than if they had done nothing — they may be liable for resulting injuries. Similarly, if an owner created an artificial condition (such as a broken drainage pipe that iced over) that contributed to the hazard, the storm in progress rule may not shield them from liability.

New York City Sidewalk Liability

The rules for sidewalk liability in New York City are governed by Administrative Code §7-210, which requires property owners abutting a sidewalk to maintain it in a reasonably safe condition, including removing snow and ice. Under this law, abutting property owners can be held liable for injuries caused by their failure to maintain the sidewalk. New York City itself has limited liability for sidewalk conditions unless the city owns the abutting property.

Common Injuries in Ice-Related Falls

Falls on ice can cause severe injuries because victims are often unable to catch themselves before hitting the ground. Common injuries include hip fractures (particularly in elderly individuals), wrist fractures (from attempting to break the fall), shoulder injuries, head injuries and concussions, spinal injuries, and knee injuries. Hip fractures in elderly victims are especially serious, often leading to lengthy hospitalizations, surgical repair, rehabilitation, and in some cases, permanent loss of mobility.

Proving Your Icy Slip and Fall Case

To succeed in an icy slip and fall claim, you must prove that the property owner failed to maintain the premises in a reasonably safe condition and that this failure caused your injuries. Key evidence includes photographs of the icy condition, weather records showing when the storm ended, maintenance logs and work orders, witness statements, and any prior complaints or incidents about the same condition. Acting quickly is essential — ice melts, conditions change, and evidence can disappear rapidly.

Steps to Take After an Ice Fall

Report the incident to the property owner or manager and request that an incident report be prepared. Take photographs of the icy condition and the surrounding area before leaving the scene. Get contact information from any witnesses. Seek medical attention immediately and describe exactly where and how you fell. Save your footwear — it may be examined as evidence regarding whether your shoes were appropriate for the conditions.

Contact Our Slip and Fall Attorneys Today

If you were injured in a slip and fall on ice in New York, the attorneys at Tannenbaum, Bellantone & Silver, P.C. can help. Our experienced premises liability team has successfully recovered compensation for countless winter accident victims across Long Island and the surrounding area. Contact us today for a free consultation — we are here to fight for you.