Falling on Ice in NYC: Legal Considerations for Slip and Fall Injuries 

Falling on ice in New York City can be unexpected and painful. Whether you’re strolling along a sidewalk while shopping, entering an office building, or returning to your car in a parking lot, icy surfaces can turn everyday activities into painful accidents. 

A slip and fall on ice can lead to severe injuries, steep medical bills, and disruptions to your work and home life. Since someone else, such as a property owner or manager, may be responsible for your losses, seeking legal help for a slip and fall on ice in NYC is essential. You could be entitled to damages.

Common Causes of Ice-Related Slip and Fall Accidents

On NYCs icy streets and walkways in winter, the dangers of a slip and fall accident are always present. Here are some common causes of ice-related slips and falls in the city:

• Icy Sidewalks. During the winter months, untreated surfaces can be treacherous and cause many slip and fall accidents. Serious injuries occur when property owners fail to ensure that their sidewalks are safe and neglect salting or sanding.
  
• Uncleared Walkways. Walkways in shopping centers and within apartment complexes must be kept clear of ice, slush, and snow accumulations. Neglecting to clear walkways can cause falls and injuries. 
• Parking Lots. Parking lots can become extremely hazardous when snow and ice accumulate on surfaces. When property management or municipal government bodies neglect to plow snow or treat icy patches, dangerous falls and injuries can be the result. 
• Staircases and Building Entrances. Ice and snow accumulations can quickly form on stairs and at building entrances, creating slip hazards. In wintry weather, property owners must regularly maintain and de-ice these areas to prevent slips and falls. 
• Slippery Indoor Floors. Snow being blown inside a building entrance and carried into a property on shoes can make floors inside slippery and hazardous. Property owners should place mats and clean regularly to remove such hazardous conditions. 
• Lack of Warning Signs. Warning signs alert pedestrians to dangerous conditions, reducing the risk of slipping and falling. Property owners failing to place warning signs in areas known to be hazardous could be liable for injuries.

Falls among adults 65 and over are a particular concern in New York City, as they can lead to ongoing health and mobility problems for older adults. If you or a loved one has experienced a slip and fall accident due to a property owner’s negligence, an ice fall injury attorney in New York can help you pursue compensation.

Understanding Premises Liability in NYC

New York’s premises liability laws require property owners to maintain safe conditions for guests and visitors. Under these laws, you could hold a property owner accountable if you experienced an injury due to hazards such as icy sidewalks or slippery staircases. 

How Do You Prove Negligence in a Slip and Fall Case?

Proving negligence in a slip and fall case can be challenging and involves demonstrating that the property owner failed to maintain safe conditions, leading to your fall and injury. You’ll need to show that the owner:

1. Owed you a duty of care
2. Breached that duty, AND
3. Caused your injury as a result 

The “burden of proof” is on you, the plaintiff, and winning your case requires compelling evidence. For example, you must establish that the property owner’s actions or lack of actions directly resulted in the hazardous condition that led to your fall and injuries. Let’s say a property owner neglected to salt or sand a walkway for days despite wintry weather. In that case, you could argue that this lack of action amounts to negligence.

To maximize your chances of prevailing with a premises liability claim or lawsuit, seek legal help for a NYC slip and fall on ice. A lawyer can gather and present crucial evidence and help you recover fair compensation.

How Much Time Do You Have to File a Slip and Fall Claim in NYC?

When you’re hurt in a slip and fall accident in NYC, you must act quickly to protect your rights. The New York statute of limitations in most slip and fall cases gives you three years from the date of the accident to file your lawsuit. 

However, if your slip and fall occurred on municipal property, such as a sidewalk maintained by the city, you’ll have to act even quicker and must file a notice of claim within 90 days of the incident. In addition, you’re also facing a shorter deadline of one year and 90 days for filing a lawsuit. 

Failing to meet the legal deadlines can result in losing your right to seek compensation. Working with a NYC slip and fall lawyer can ensure you’re not missing any vital deadlines and give you the best chance of obtaining the compensation you need.

Average Settlement in a NYC Slip and Fall Claim

If you were hurt and someone else was responsible, you might wonder how much your personal injury claim is worth. What you can recover will be specific to your claim and depend on the severity of your injuries and the extent of your damages, such as healthcare expenses. Here are some factors that can determine your compensation award: 

• Scope of Injuries. In general, the more severe your slip and fall injuries, the higher the settlement you could recover. 
• Property Damage. You may also be reimbursed for any damage due to your accident on ice, such as your cell phone, clothing, and others.
  
• Non-Economic Damages. If you suffered significant injuries that require extensive medical treatments, you could receive compensation for non-economic damages, such as pain and suffering, loss of enjoyment of life, and more. 
• Liability Considerations. The at-fault party’s level of negligence can impact your slip and fall claim recovery. For example, according to New York’s contributory negligence law, your compensation may be reduced if you have some responsibility for your slip and fall. 
• Insurance Cover. The insurance coverage of the at-fault party, such as a negligent property owner, will also play a role in determining your compensation award.
  

If you recently fell on ice and suffered a significant injury, consult an ice fall injury attorney in New York to assess the value of your case.  

Why Hire a New York Ice Fall Injury Attorney?

If you’ve been injured in a slip and fall, you might wonder whether it’s worth hiring a NYC slip and fall lawyer. While representing yourself is an option, you could be jeopardizing your compensation claim. Insurance companies and property owners typically have lawyers on retainers to fight such cases, leaving victims vulnerable to manipulative tactics designed to deny or minimize compensation awards. Don’t let this happen to you.  

Getting expert legal help for a slip and fall on ice in NYC can make all the difference and allow you to get back on your feet physically, emotionally, and financially. Our attorneys at Berkowitz & Weitz Law, P.C. know how to handle your case. We can negotiate aggressively with insurance companies and fight in court for the compensation you deserve. You pay nothing unless and until we win your case.

Get started now and contact us to discover your legal options in a free consultation.