Snowy and icy sidewalks can present a real hazard for pedestrians. Although a person walking in New York City in the cold winter months carries some responsibility for being cautious in adverse weather conditions, hidden ice or other dangers can be linked to property owner negligence. If a property owner or the City of New York is negligent in maintaining sidewalks in snowy and icy conditions, and you slip and fall as a result, you may have grounds for a lawsuit.

Serving all five boroughs and the surrounding areas, we at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can provide experienced legal representation after a slip and fall accident caused by snow or ice. Our team is accessible and dedicated, and we have the resources to effectively investigate snow and ice accident claims across New York.

Who Is Responsible for Clearing Snow & Ice?

One of the key factors in a snow or ice accident case is determining responsibility for maintaining safe sidewalks. In New York City, this is the property owner adjacent to the sidewalk. The only exception is 1, 2, or 3 family owner-occupied residential properties, in which case the City of New York has the responsibility of clearing snow in front of those properties.

The owner or manager of the adjacent property can also be held liable if they knew or reasonably should have known that an unsafe condition existed and take steps to fix it. In cases like this, it will be the responsibility of the person bringing forth the claim to:

• Establish how long the danger was present.

• Whether the owner / manager had enough time to discover and take action to resolve the condition

If the ice or snow has accumulated on the sidewalk or another structure attached to the property during a storm, the owner or manager is responsible for removing it within a reasonable period of time. Another stipulation is that the attempted removal of the ice or snow cannot make the hazard even worse.

Laws pertaining to proper ice and snow removal are found under New York City Administrative Code § 16-123.

Specific rules apply for clearing snow and ice from New York City sidewalks. Property owners must:

• Clear sidewalks within 4 hours if snow stops falling between 7am and 5pm; and
• Clear sidewalks before 11am if snow stops falling between 5pm and 7am.

By determining the precise location and time of the incident and how the property owner was negligent in maintaining the sidewalk, which led to unsafe snowy or icy conditions, we can prove liability and maximize your recovery.