It’s no secret that snow and ice can turn New York City sidewalks into dangerous hazards for pedestrians. Slips and falls on snow and ice covered sidewalks in New York send hundreds of victims to local emergency rooms every year. While the most common injuries from snow and ice covered sidewalks are bruises, victims do suffer broken bones, head trauma, or worse.
The City has legislated a rule regarding clearing snow and ice from the adjoining sidewalk as follows:
“Every owner, lessee, tenant, occupant, or other person having charge of any lot or building must clean snow and/or ice from the sidewalk within 4 hours after the snow has stopped falling, or by 11:00 AM if the snow has stopped falling after 9:00 PM the previous evening.”
But what is the penalty for not clearing – just a fine.
Who is Responsible when You’ve Been Hurt?
Under New York City law, when the adjoining property is less than a four family dwelling, owner occupied and used exclusively for residential purposes, the City of New York remains responsible for the sidewalks. In all other instances, the owner of the property is responsible for clearing the sidewalk. If there is a tenant, you would have to look at the lease agreement. Indeed, there are some lease agreements that explicitly state that the occupant of the building (the lessee or tenant) has the obligation to clear the adjoining sidewalk and pathway. This means that they too along with the property owner would be liable for someone’s injuries for failing to clear away the snow and ice.
Determining who is at fault for a slip and fall accident on ice and snow covered sidewalks in New York City is not always clear and sometimes quite complicated. Speak with an experienced snow and ice covered sidewalk accident attorney in New York to get the legal help you need. Call the professionals at the Law Offices of Nussin S. Fogel today for your free consultation at 800-734-9338 or 212-385-1122 right now.