Menu
Call
Contact
Blog
Paul Giannetti Attorney At Law

Injuries, Accidents, Worker's Compensation Free Consultations (866) 868-2960

  • About
  • Personal Injury
    • Car Accidents
      • Rear End Collisions
      • Statistics
    • Construction Accidents
      • Defective Equipment
      • Electrical Accidents
      • Forklift Accidents
      • Scaffolding & Ladder Accidents
      • Struck by Object
      • Third Party Accidents
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Premise Liability
    • Traumatic Brain Injury
    • Truck Accidents
    • Wrongful Death
  • Workers’ Comp
    • Benefits
    • Workers Comp Forms
    • Comp & Injury Statistics
    • Workers Comp FAQ
    • Requirements
    • Statute of Limitations
    • Union Members
    • What it Covers
    • Schenectady Workers’ Comp
    • Troy Workers Comp
  • Social Security Disability
    • Appeals Process
    • Apply for SSD
    • Claim Denied
    • Disability Benefits
    • Check Your Status
    • SSD Forms
    • SSD Eligibility
    • Statistics
  • Blog
  • Resources
    • Job Openings
  • Contact

Snow and Ice Slip-and-Fall Accidents in New York

December 16, 2013 By Paul Giannetti

dangerous sidewalkIce and snow season has arrived in Upstate New York.  As always, with this season comes an increase of slip and fall accidents.  These accidents can happen anywhere: shopping mall parking lots, public parks, or even the sidewalk in front of your home.

Although some people walk away with a minor bump or bruise after a fall on ice, it’s not uncommon for fall victims to suffer serious and painful injuries, such as broken bones, fractures, concussion, sprains, or even death.  When the injury is serious, the question inevitably arises: can I sue the owner of the property for my injuries?

The answer? Possibly. In most cases, a successful case hinges on whether (i) the property owner negligently failed to keep his property safe, and (ii) you were injured as a result of this failure.

New York Property Owner Responsibilities

Under New York law, property owners have a responsibility to keep their property in “reasonably safe condition.”  In wintry weather, this means that they have an obligation to remove ice, snow, slush or any other hazards on their property. What’s more, owners must repair any defects to their property that they knew or should have known about, such as potholes or large cracks.  If property owners fail in this duty, they may be legally responsible if their failure causes someone to become injured.

In winter, property owners have a duty to:

  • remove snow, ice or slush from sidewalks, stairs, driveways, parking lots, etc.
  • scatter salt or other substances to render ice less slippery;
  • repair damage to property caused by snow or ice, or erect visible warning signs
  • regularly monitor their property for black ice, damage or other hazards

Of course, property owners cannot reasonably be expected to keep their property clear of ice, snow or slush every minute of the day.  Thus, in many cases, the question of liability becomes whether the owner had a reasonable amount of time to clear the area before the accident occurred.

Proving Causation in a New York Slip-and-Fall Accident

Once you show that the property owner negligently failed to clear the snow away from the sidewalk, you’ll still need to prove that your injury was caused by the owner’s failure.

Because proving causation can be tricky, if possible, you should take the following steps immediately after your accident to help strengthen your case:

  • Take photographs of the exact area where you fell, putting particular focus on any conditions that may have caused the fall.
  • Immediately report the accident to the property owner, property manager, or other person in charge of the property.  Record their name, position and any comments they may have made after your statement.
  • Obtain the names and contact information of any witnesses who saw the accident.
  • Write down all the details of the accident you can remember at first opportunity. Include information such as how the accident occurred, the weather conditions at the time of the accident, the condition of the property, and the injuries you suffered.
  • Save any medical information or reports written by emergency personnel or doctors you visited in relation to injuries suffered because of the fall.

Contact an experienced Albany attorney

If you’ve been injured in a slip-and-fall accident, contact an injury lawyer to determine your rights.  Don’t delay – the longer you wait to seek legal help, the more difficult it may become to prove your case. Call me, Paul Giannetti Attorney at Law, at (866) 868-2960 or contact me online for a free consultation.

 

FacebookTwitter

Filed Under: Accidents & Injuries

Paul D. Giannetti, Attorney BBB Business Review

Contact Us for a Free Consultation

  • This field is for validation purposes and should be left unchanged.

Free Book Download:

Click Here To Download Your Free BookWhen The Dust Settles

Click Here To Download Your Free GuideNY Workers Compensation Guide Booklet

Recent Articles

  • What You Need to Know about Construction Site Bystander Accidents
  • Injured on a New York Construction Site? Here’s What You Need to Do
  • Workers’ Compensation Private Insurance vs. Self-Insuring Employers
  • The Difference Between Workers’ Compensation and Personal Injury
  • Worker’s Comp Adjusters Tricks to Watch Out For
  • If Workers’ Comp Denies Surgery, What’s Next?
  • Workers’ Comp Settlement After Surgery
  • New York Workers’ Compensation Settlement Amounts
  • How Can Coronavirus Affect MY Workers’ Comp?
  • If I Contracted COVID-19 at Work – Can I Get Workers’ Compensation?

Categories

  • Accidents & Injuries
  • Construction Accidents
  • News
  • Social Security Disability
  • Workers' Compensation

Serving accident, injury, and workers' compensation victims throughout Upstate New York including Albany, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington counties. Attorney Advertising. This website is designed to provide general information to injury victims. It is not intended to be legal advice. It can not and should not be substituted for proper legal representation. You should consult an attorney for legal advise regarding your rights as every case is unique and requires in depth analysis and preparation.

Copyright © 2019 Paul Giannetti Attorney At Law. All rights reserved.


Albany Workers Compensation Attorney
Paul Giannetti Attorney at Law
3 Washington Square
Albany, NY 12205
Phone: 518-243-8011
Mon - Fri: 9am - 6pm
 

Paul Giannetti Office Location