Who is Responsible if You Slip and Fall on Ice?
In New York City, winter weather creates hazardous conditions for pedestrians, with icy sidewalks and snowy walkways leading to numerous slip-and-fall accidents every year. Property owners, businesses, and even the city itself have legal responsibilities to keep walkways safe. However, proving liability isn’t always straightforward.
An NYC snow and ice fall lawyer can help determine who is at fault and whether you have a valid claim for compensation.
Read on to learn more about the potential parties responsible for slip-and-fall accidents on ice and what you can do if you’ve been injured.
Potential Liable Parties
Liability for a slip-and-fall accident on ice depends on several factors, including where the accident occurred and who was responsible for maintaining the area. Below are the potential parties that may be held accountable:
1. Private Property Owners
In New York City, private property owners are responsible for keeping their sidewalks and premises safe, including clearing ice and snow within a reasonable timeframe. According to NYC Administrative Code §16-123, property owners have four hours after snowfall stops to clear sidewalks, except between 9 PM and 7 AM. If they fail to do so and someone gets injured, they may be held liable.
However, exceptions exist. For instance, if the fall occurred before the property owner had a reasonable opportunity to remove the ice—such as during an ongoing storm—they may not be held responsible under the storm in progress doctrine.
2. Commercial Property Owners and Businesses
Businesses, including stores, restaurants, and office buildings, have a higher duty of care to keep their premises safe for customers and employees. This includes clearing ice from parking lots, sidewalks, and entryways. If a business fails to take reasonable steps to prevent icy conditions—such as salting or shoveling walkways—it could be held responsible for a slip-and-fall injury.
Additionally, businesses that lease their space should review their lease agreements. In some cases, the property owner, rather than the tenant, may be responsible for snow and ice removal.
3. Landlords and Property Management Companies
For apartment buildings and rental properties, the responsibility for ice removal typically falls on the landlord or property management company. Many cities, including New York, have laws requiring landlords to keep walkways, stairwells, and building entrances clear of snow and ice. If a tenant or visitor is injured due to a landlord’s failure to maintain the property, the landlord may be liable for damages.
4. The City or Municipality
Public sidewalks and streets are generally maintained by local governments, but in NYC, property owners are often responsible for the sidewalks adjacent to their buildings. However, if the fall occurred in a public park, government building, or another city-owned area, the municipality might be liable.
Suing a city or municipality is more complex than filing a claim against a private property owner. Special rules apply, including strict notice requirements. In New York, for example, an injured party must file a notice of claim within 90 days of the accident to preserve their right to sue the city.
5. Snow Removal Companies
Many businesses and landlords hire third-party contractors for snow and ice removal. If a company negligently performed its duties—such as failing to salt a parking lot or clearing only part of a sidewalk—it could share responsibility for the accident. However, liability often depends on the terms of the contract between the property owner and the snow removal company.
What to Do After a Slip-and-Fall on Ice
If you slip and fall on ice, taking the following steps can help protect your rights and strengthen a potential injury claim:
Document the scene – Take photos or videos of the icy conditions before the property owner clears the area.
Report the incident – Notify the property owner, business manager, or landlord immediately. If the fall occurred on public property, report it to the relevant city agency.
Seek medical attention – Even if injuries seem minor, a medical evaluation creates a record of the incident and ensures proper treatment.
Gather witness information – If anyone saw the fall, get their contact details for future reference.
Consult a lawyer – An attorney can help determine liability, gather evidence, and pursue compensation for medical expenses, lost wages, and pain and suffering.
Determining fault in a slip-and-fall accident on ice can be challenging, but knowing your rights and taking the right steps can make a significant difference in your case.
