Every winter, Bronx emergency rooms treat people who slipped on an icy sidewalk, stairway or parking lot. Many assume a fall on snow is simply bad luck. In many cases, someone had a legal duty to clear the hazard and did not. Here is how liability works in New York City.
Who Must Clear Snow and Ice in New York City?
Under city rules, property owners and building managers must clear snow and ice from the sidewalk in front of their property. The general deadline is four hours after the snow stops falling, with adjusted timing for storms that end overnight. Owners who fail to do so can be fined, and they can also be sued by someone who was hurt.
New York City law also places responsibility for sidewalk defects on the property owner rather than the city. There is an exception for owner-occupied one-, two- and three-family homes, which are treated differently. That distinction matters, so the type of building where you fell should be one of the first facts you note.
The “Storm in Progress” Rule
New York courts generally do not hold an owner liable while a storm is still happening. Owners get a reasonable amount of time after the storm ends to clear the area. This rule is often the first defense raised in icy fall cases. It does not apply the same way if:
- The ice was left over from an earlier storm and was never cleaned up
- Snow was shoveled in a way that created a new hazard, such as a pile that melted and refroze across a walkway
- A leaking pipe, broken gutter or bad drainage caused ice to form
- The owner had notice of the hazard and did nothing
What You Generally Need to Prove
A slip and fall claim in New York usually requires showing that the owner created the dangerous condition, or knew about it, or should have known about it, and had a reasonable chance to fix it. Strong evidence includes:
- Photos and video of the exact spot, taken as soon as possible, showing ice thickness, lack of salt and surroundings
- Weather records showing when the snow stopped
- Witness names and contact details
- Incident reports from a store, landlord or building manager
- Medical records that connect your injuries to the fall
- Your footwear and clothing, which you should keep
Common Locations for Winter Falls in the Bronx
- Sidewalks in front of apartment buildings and storefronts
- Building entrances, ramps and stairs
- Parking lots at shopping centers and medical offices
- Bus stops and curb cuts
- Hallways and lobbies where tracked-in snow turns to water
Common Injuries
Wrist and hip fractures, torn ligaments, back and neck injuries and head trauma are common. Older adults are at higher risk of serious complications from a fall. Seek care right away and tell the provider exactly how the fall happened.
Be Careful With Property Owner Insurers
Landlords and their insurance carriers often investigate quickly. They may ask for a recorded statement or offer a small payment early. Avoid signing anything, and avoid posting about the fall on social media.
Deadlines
Most New York personal injury lawsuits must be filed within three years. If the fall happened on city property, such as a public stairway, a notice of claim is generally required within 90 days. When you are unsure who owns the property, treat the deadline as urgent.
Talk to a Bronx Slip and Fall Lawyer
Kohn Law Firm has handled premises liability cases in the Bronx for more than 30 years. See our pages on snow and ice falls and slip, trip and fall cases, then call 718-409-1200 for a free consultation. We work on a contingency fee basis, so there is no fee unless you recover.
FAQ
Is a landlord always responsible if I fall on ice? No. Liability depends on timing, notice and who controls the property. A lawyer can review the facts.
What if I fell on a public sidewalk in front of a store? In most cases the abutting property owner or tenant in control may be responsible under city law.
Can I recover if I was wearing the wrong shoes? Possibly. Under comparative negligence, your compensation may be reduced if you share fault, but you are not automatically barred.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information, not legal advice.