Winter in New York brings snow, ice, and dangerous walking conditions. Every year, people are injured on sidewalks, parking lots, apartment complexes, and commercial properties because ice and snow were not properly addressed. At Godosky & Gentile, we regularly work with individuals who were hurt in winter slip and fall accidents and need clear guidance on what matters most after an injury.
Understanding your rights and the steps that protect your claim can make a significant difference.
When a Property Owner May Be Responsible
In New York, property owners and managers have a legal duty to maintain their premises in a reasonably safe condition. This includes taking reasonable steps to remove snow and ice or to treat icy surfaces once a storm has ended.
Liability does not automatically exist simply because someone slipped. A successful claim usually depends on whether:
- The owner or manager knew, or should have known, about the icy condition
- The condition existed long enough for it to be addressed
- The owner failed to take reasonable steps to correct it
A key issue in winter cases is timing. New York courts often apply what is commonly known as the “storm in progress” rule. If snow or ice is actively falling, a property owner may not be required to immediately clear the area. Once the storm ends, however, a reasonable period of time is allowed for cleanup. What qualifies as “reasonable” depends on the specific circumstances.
Common Locations for Winter Slip and Fall Injuries
Winter-related fall injuries frequently occur in:
- Sidewalks in front of residential or commercial buildings
- Parking lots and parking garages
- Building entrances and exits
- Stairways and ramps
- Apartment complexes and condominium properties
Areas that refreeze overnight or remain shaded throughout the day are especially hazardous and often become the focus of winter accident investigations.
What to Do Immediately After a Winter Fall
The steps taken right after a slip and fall can directly affect a future injury claim.
If possible, the injured person should:
- Seek medical attention immediately, even if symptoms seem minor
- Report the accident to the property owner, manager, or building staff
- Request that an incident report be completed
- Take photographs of the ice, snow, or untreated surface
- Preserve the shoes and clothing worn at the time of the fall
- Collect the names and contact information of any witnesses
Delaying medical care or failing to document the scene can make it more difficult to connect injuries to the fall itself.
Why Documentation Matters in Snow and Ice Cases
Slip and fall claims often come down to evidence. Weather conditions, maintenance schedules, and property inspection records are commonly reviewed to determine whether proper care was taken.
Important documentation may include:
- Local weather reports showing when precipitation stopped
- Maintenance or snow removal logs
- Surveillance footage
- Prior complaints about icy conditions
- Testimony from employees or residents
Because ice can melt quickly and conditions can change within hours, early investigation is especially important in winter accident cases.
Injuries Commonly Caused by Winter Falls
Ice and snow falls frequently result in serious and long-lasting injuries. These may include:
- Fractured wrists, arms, or ankles
- Hip and pelvic fractures
- Knee and shoulder injuries
- Head injuries and concussions
- Back and spinal injuries
Many individuals experience extended recovery periods, physical therapy, lost income, and lasting limitations on daily activities.
How Fault Is Evaluated in New York Slip and Fall Claims
New York follows a comparative fault system. This means that more than one party can share responsibility for an accident. In winter cases, insurance carriers often argue that the injured person should have noticed the ice, avoided a certain area, or worn different footwear.
Each case is evaluated based on:
- Visibility of the icy condition
- Lighting and warnings in the area
- Whether safer alternate routes were available
- The actions of the property owner and maintenance providers
Even when partial responsibility is assigned, an injured person may still be entitled to recover compensation.
Time Limits for Filing a Claim
Strict deadlines apply to personal injury cases in New York. Different rules may apply when a city, county, or other public entity is involved, including shorter notice requirements.
Missing a deadline can permanently bar a claim, regardless of how serious the injuries may be. For that reason, winter accident cases should be reviewed as early as possible.
Why Winter Slip and Fall Claims Are Often Challenged
Snow and ice cases are commonly disputed because conditions change quickly and responsibility can be unclear. Property owners may claim that the storm was still ongoing, that cleanup had already occurred, or that the ice formed too recently to be addressed.
Careful investigation, documentation, and legal analysis are essential to determine whether the property owner failed to meet their legal obligations after a winter accident.
Contact our team today to learn more!