Who is liable for slip-and-fall accidents on snow and ice? Many people think the weather is to blame. But while icy or snowy conditions create dangerous conditions, it’s the property owner’s negligence in not properly addressing those conditions that is the ultimate cause of the accident and injuries. In these cases, the injured party may be able to hold the property owner liable. Slip and fall accidents including snow and ice accidents fall under a specific area of personal injury law known as premises liability.
While no one can control the weather, property owners in Garden City, New York, have a legal duty to take reasonable steps to keep their premises safe, even during harsh winter conditions. This means promptly removing snow and ice, putting down salt or sand, and warning visitors of any known hazards. An experienced Garden City, NY slip and fall attorney can help you figure out if you have a case or not.
If you suffered a slip and fall accident on snow and ice, the liable party may be:
- The person or company that owns the property
- The person or company hired to look after the property
- Any person to whom the owner has ceded control of the property
- A combination of the above
For a free legal consultation, call 631-451-7900
Shoveling and De-Icing Is the Property Owner’s Responsibility
Property owners are responsible for the upkeep of their property. This includes seeing to the repair or resolution of any obvious issue that could potentially harm others. Icy sidewalks are just one type of hazard that the owner must eliminate or mitigate (e.g., putting up warning signs or putting down rock salt) in a timely manner.
If you slipped on someone else’s snowy or icy property, you may have suffered several serious consequences, including:
- Physical harm
- Emotional anguish
- Financial distress
In other words, you could file a claim or lawsuit that demands compensation for your losses if you are injured when a property owner fails to resolve dangerous snow and ice conditions.
The Liable Party May Owe You Compensation for Injuries Sustained in a Snow and Ice Accident
According to NY CVP § 214, you generally have three years from the accident date to file a personal injury lawsuit. However, exceptions may shorten the time you have to get started. For instance, the process is more complicated if you are filing against a government entity, per the New York Courts and General Municipal Law.
If you start your lawsuit within the prescribed amount of time, you may be entitled to receive the following types of compensation:
Non-Economic Damages
These serve as compensation for the physical and mental consequences of your slip and fall. Examples include but are not limited to:
- Pain and suffering, which accounts for your physical and emotional distress
- Disability, if your injuries cost you the total or partial use of any part of your body or mind
- Loss of consortium, if your injuries had a harmful effect on your marriage
- Reduced quality of life, if you can never resume your old lifestyle (e.g., playing sports with the kids) or you will need help with basic daily tasks (e.g., cleaning the house)
Economic Damages
These serve as compensation for the money you lost or spent because of the fall and your injuries. Examples include but are not limited to:
- Loss of income, if your injuries forced you to take time off work or reduce your working hours temporarily you can claim lost wages
- Loss of earning capacity, if you will never be able to work and/or earn as much as you did prior to the accident
- Medical expenses, if you needed or will continue to need medical intervention to manage the accident injuries
- Other expenses, if you needed to hire outside services (e.g., a landscaper) to assist with chores that your injuries prevented you from doing
After You Have Listed Your Damages
Once you have compiled a list of your damages, you will have to determine the monetary worth of each damage. Our team can make sure that you have not missed any other losses or expenses and help you ask for the appropriate level of compensation.
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Hiring Legal Representation to Help with Your Case
Understandably, you may not have the energy to deal with a personal injury case right now, no matter how much you need the money or want to hold the liable party accountable. A lawyer from our firm can help you through this process.
When you first contact our team, you can receive a free case review and ask any initial questions you may have. If you decide to work with us, we will:
- Look for evidence to support your claims
- Guide you through your legal options
- Calculate the maximum amount of damages you may recover
- Notify the liable party about your lawsuit
- Manage all communications with the liable party
- Provide you with regular updates about your case
- Negotiate for a fair settlement
- Take your case to trial
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Call Our Team Today
If you are looking for a slip and fall lawyer in Garden City on Long Island, call our team at Rosenberg & Gluck L.L.P. to discuss your case. We can help you figure out who is liable for your slip and fall accident on snow and ice and manage your case on your behalf. We have numerous successful recoveries for clients injured due to a slip and fall on snow or ice. In one case, we were able to win $900,000 for a client who slipped on ice.
Don’t let a negligent property owner get away with putting your health and financial security at risk. Contact us today for a free consultation about your slip and fall accident on snow or ice. We’re here in your community and ready to help.
Call us at (631) 994-1910. Our team can assist you in English or Spanish.
