Considering the potentially icy sidewalks during a New York City winter, there is no time like the present to review slip-and-fall laws. Depending on where and why a tumble occurred, slip-and-fall victims may be able to hold private or public entities accountable for any injuries suffered. To generally prove who is at fault for slip-and-fall accidents, especially in New York, attorneys have to show factors such how hazardous conditions existed, how these conditions caused the slip-and-fall and that the property owners knew or should have known about the dangers.
Slip-and-Fall Basics
In situations where people are injured from a fall, whether by stepping on something slippery or tripping on an object protruding from the ground, these accidents are informally known as slip-and-falls. When slip-and-falls are brought to court, they become premises liability cases, because they typically take place on property owned or kept up by another person or business entity who can possibly be held liable for damages. Examples of unsafe conditions include torn or unsound flooring, bad lighting and cracked or icy sidewalks.
Issue of Fault and Liability
When property owners act negligently or violate applicable laws, people can get hurt and they may be held responsible and liable for any injuries. To recover for slip-and-fall accidents, victims must prove that owners effected or knew or should have know about the dangerous conditions causing the fall, they failed to warn about or correct them, or it was predictable the conditions would lead to accidents and injuries. Victims must have tried to avoid the hazards if they knew about them. On public property, there must be proper warnings and posted notices, but immunity may apply to many government entities.
New York Law
Victims who fall and are injured while walking on New York City sidewalks have rights. Under the city's Administrative Code, section 7-210, the owners of any property bordering sidewalks have a duty to keep these paths clear and safe, within reason, for pedestrians. Owners who do not maintain their adjoining sidewalks are liable for "the negligent failure to remove snow, ice, dirt or other material from the sidewalk." This law applies to businesses, religious buildings and rental complexes, but not to exclusively residential properties of less than four units.
Slippery Sidewalks
As a pedestrian during the winter months in New York City, be cautious and aware of the sidewalk conditions where you walk. Look for and avoid any build-ups of snow or ice and try to step where sidewalks are shoveled or there is obvious salt or sand. Slip-and-fall injuries from icy sidewalks can range from minor cuts and scrapes to broken bones and even serious head and back injuries, so take care and watch for signs of negligence.
If you unfortunately happen to fall, however, know that you have the right to hold property owners accountable and liable for their negligence in creating or failing to fix dangerous conditions. Contact a New York City premises liability and slip-and-fall attorney today to review your case and discuss options for compensation to help with medical bills and other injury-related expenses.
