New York City has already received more snow this year in a single storm than it did all last season. Unfortunately, some property owners are lax in their duty to clear the sidewalks adjacent to their property after a snowstorm. Some new owners may not even be aware that they can be held responsible. Regardless of an owner’s ignorance or neglect, they could very well be liable for injuries suffered by victims in slip and fall accidents on snow- and ice-covered sidewalks in New York City.
Years ago, New York City shifted the liability for falls due to sidewalk defects and for failing to clear snow and ice from itself to property owners in a vast number of cases. Only if the adjoining property houses a dwelling that’s smaller than a four-family home, is owner-occupied and used exclusively for residential purposes, does the City of New York still remain responsible for sidewalk defects and unclear snow and ice. In all other instances, the owner of the property is responsible for maintaining the sidewalk.
Determining who is responsible may not be clear cut in all situations. If the property is owned by one legal entity and leased to another, the lease could contain a clause that shifts the liability for cleaning snow- and ice-covered sidewalks to the lessee rather than the property owner. That lessee could be a person, a retail business, or a corporation.
That is why, if you’ve slipped and fallen on a sidewalk that has not been cleared of snow, ice, you should seek the counsel of an experienced legal professional. A good lawyer specializing in slip and fall accidents on snow-covered sidewalks in New York City can help you:
- Determine the entity responsible
- Interpret the New York City Administrative Code
- Calculate how much compensation you’re entitled to which includes pain and suffering, unpaid medical bills and lost wages leading into the future
The team at the Law Offices of Nussin S. Fogel can help. Call 800-734-9338 or 212-385-1122 for your free consultation today.