Ice and Snow Liability 101

 

New York property owners are required to maintain safe conditions on their premises. This responsibility is not boundless. In New York, property owners must make reasonable efforts to inspect and correct slippery conditions caused by ice snow, so determining liability is not always straightforward. That’s why it’s important to consult with the best accident attorney in Forest Hills if you are injured due to slippery conditions caused by ice and snow.

Responsibility for Clearing Ice and Snow from Property

Businesses are held to a high standard for inspecting and correcting hazardous conditions that invite the public to enter. Their efforts are still limited to what the law might consider reasonable. For example, a store is not expected to maintain a walkway that is completely free of snow during a storm, so you are entering at your own risk during this time. This same principle applies to parking lots and other areas adjacent to businesses. Once the precipitation ends, the clock starts ticking on how long it should take to clear the walkways, depending on how much snow has accumulated. Once proactive clearing commences, it must be done properly to avoid liability for icy patches that are not easy for pedestrians to detect. The duty to clear an entrance will also depend on the nature of the business. For example, a hospital emergency room entrance should be cleared extremely quickly because people may have to alternative to entering. Similarly, landlords are expected to clear entrances as soon as possible, so that people can safely enter and leave their homes. A small clothing store or private homeowner wouldn’t be expected to clear snow quite as quickly. If you’re not sure if you have a strong snow and ice liability claim, it’s you should speak to an experienced Queens and Brooklyn personal injury attorney as soon as possible after the accident.

How Does Snow and Ice Impact Traffic Accidents?

Drivers are expected to adjust their speed based on weather conditions, which may require driving well below the posted speed limit during a winter storm. Municipalities are not required to clear roads within any particular time frame, so you usually can’t hold them liable for accidents caused by slippery roads. The same is not true for private roads, such as streets within gated communities and parking lots, where there is an expectation of clearance as soon as is practicable. Once clearance is undertaken, it must be done properly to avoid liability. For example, leaving some snow to melt and form a difficult-to-see sheet of ice would be considered worse than leaving piles of snow. If you’re wondering if your traffic accident was caused by failure to properly remove snow and ice, speaking to a top Queens and Brooklyn traffic accident attorney can give you peace of mind.

Justice is Sweet

Accidents that cause serious injuries can upend your life due to out-of-pocket medical expenses and lost earnings. That’s when it’s time to call Wittenstein Law and request a free consultation to determine whether you’re entitled to money damages. Call 719--261-8114.