Winter weather in New York brings snow, sleet, and freezing rain that can quickly turn sidewalks into dangerous walking surfaces. Slip and fall accidents caused by ice are among the most common winter-related injuries we see. Determining who is legally responsible for an icy sidewalk injury depends on where the fall happened, who controlled the property, and whether the responsible party had a reasonable opportunity to fix the hazardous condition.
This article explains how liability for winter slip and fall accidents is typically evaluated in New York.
How New York Law Approaches Icy Sidewalk Injuries
Under New York premises liability law, property owners and certain other parties have a duty to maintain reasonably safe conditions. That duty includes addressing snow and ice hazards when it is reasonable to do so.
Liability does not automatically exist just because ice was present. Courts look at whether the responsible party created the icy condition, knew about it, or should have known about it and failed to take appropriate action.
Another important factor is timing. New York follows what is commonly called the “storm in progress” rule. If snow or ice is actively falling at the time of the accident, property owners are generally not required to immediately clear sidewalks or walkways. Their obligation usually begins after the storm ends and they have had a reasonable amount of time to address the conditions.
Who Is Responsible for Icy Sidewalks in New York City?
In many parts of New York City, responsibility for sidewalk maintenance does not rest with the city. Local law places primary responsibility on the owners of most residential and commercial properties that border the sidewalk.
This means that when a person is injured after slipping on an icy sidewalk in front of a private building, the property owner is often the party responsible for snow and ice removal. There are exceptions, including certain small owner-occupied residential properties and specific government-owned properties.
Determining whether the city or a private owner is responsible requires careful review of the location, the type of property, and the applicable local rules.
Liability on Private Property and Business Premises
Slip and fall accidents frequently occur on walkways, parking lots, entryways, and stairs leading into businesses and residential buildings. In these cases, the owner or the party responsible for maintaining the premises must take reasonable steps to prevent dangerous accumulations of snow and ice.
Liability may arise when:
- Ice was allowed to remain for an unreasonable period after a storm ended
- Melted snow refroze and created a slippery surface
- Snow removal efforts were performed improperly and created new hazards
- Known icy conditions were ignored or inadequately treated
For example, pushing snow into a pile that later melts and refreezes across a walking path can expose a property owner to liability.
What Must Be Proven in an Icy Sidewalk Injury Claim
To establish liability in a winter slip and fall case, several key elements must be supported by evidence:
- A dangerous condition existed on the property
- The responsible party created the condition, or had actual or constructive notice of it
- The condition was not addressed within a reasonable time
- The hazardous condition caused the fall and resulting injuries
Constructive notice means the condition existed long enough that it should have been discovered through reasonable inspections. Photographs, surveillance footage, maintenance logs, weather reports, and witness statements are often important in evaluating these issues.
The Role of Snow Removal Companies and Contractors
In some situations, a property owner hires a snow removal company to handle clearing and salting. While the property owner still maintains a legal duty to keep the premises reasonably safe, a contractor may also share responsibility if their work created or worsened an icy condition.
A contractor may be liable when its actions increase the risk of harm, such as leaving untreated ice after clearing snow or failing to follow contractual safety obligations.
Whether a snow removal company can be held responsible depends on the terms of the contract and how the work was performed.
Why Timing and Weather Conditions Matter
Weather records play a central role in winter injury cases. Courts closely examine:
- When precipitation began and ended
- Whether temperatures fluctuated enough to cause refreezing
- How much time passed between the storm and the accident
If a fall occurred shortly after a storm ended, a property owner may still be protected if there was not enough time to reasonably clear or treat the area. If hours or days passed and no corrective action was taken, liability becomes more likely.
How Godosky & Gentile Evaluates Winter Slip and Fall Claims
Godosky & Gentile evaluates winter sidewalk and property injury claims by carefully analyzing property ownership, maintenance responsibilities, weather data, inspection practices, and the actions taken to address snow and ice. Every case turns on specific facts, including who controlled the area where the fall occurred and whether reasonable safety measures were taken under the circumstances.
Understanding how New York law assigns responsibility for icy conditions is an essential first step in determining whether a valid claim exists after a winter slip and fall accident.
Contact Godosky & Gentile today about your case!