When Will a Residential or Commercial Property Owner Be Liable for a Slip and Fall?
In New York, as in every state, the owner or person in control (“owner”) of residential or commercial premises has a duty to anyone legally visiting the property. The owner must take reasonable measures to maintain property in a condition that does not pose a risk of injury. That duty may be met in a variety of ways:
- The property owner may fix any problem that presents a hazard, such as broken steps, cracked pavement or slippery floors
- The property may give notice to visitors of potential risks
- The property owner may close off any area of the property that may be dangerous
Winter is almost upon us and, in New York, that can mean significant accumulations of snow and ice. According to the Centers for Disease Control, about a million people seek medical attention every year because of slips and falls on icy or snowy surfaces. Nearly 20,000 of those accidents are fatal. How does New York address a property owner’s duty to keep the premises free of accumulated snow and ice?
State Laws Governing Removal of Snow and Ice
The state of New York does not have a specific statute governing removal of snow and ice. Instead, the courts will typically require that a business owner or homeowner take reasonable steps to respond to winter weather. Accordingly, there’s no requirement that sidewalks, steps, driveways and other thoroughfares be cleared, but a person may be responsible if the jury determines that they had a reasonable opportunity to address the situation.
New York City Ordinances Regarding Removal of Snow and Ice
New York City, however, does have a specific law that requires property owners or managers to remove snow and ice from sidewalks:
- Any accumulated snow or ice must be removed from sidewalks and gutters within four hours after snow stops falling
- The four-hour deadline does not apply between 5 pm and 7 am. In such an event, the snow must be cleared before 11 am
Have You Been Injured in a Fall on Someone Else’s Property? We Can Help
Let the Law Office of John Fazzini be your advocate. To schedule a free initial consultation, contact us online or call our offices at (631)547-8989.