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Although New York City is considered to be one of the most pedestrian-friendly cities in the United States, sidewalks become especially dangerous during the winter due to ice, snow, or pools of water that can cause pedestrians to slip and fall. According to New York City Administrative Code, business and building owners are responsible for clearing snow and ice from all sidewalks that are adjacent to their property.
A slip and fall on an icy New York City sidewalk may lead to serious injuries and can even be fatal depending on how badly a person is impacted by the fall. Even without snow, sidewalks can become icy overnight as temperatures drop below freezing. These areas can remain icy for hours and even days if the sidewalk is not attended to the following day or if it does not receive direct sunlight which would cause the ice to melt naturally.
If you or a loved one have suffered an injury due to a slip and fall on an icy sidewalk, contact New York Slip and Fall Lawyers at the Jacob Fuchsberg Law Firm today to discuss your rights. We can help you hold the responsible parties accountable.
New York State Law: Who Can Be Held Responsible for Injuries on an Icy NYC Sidewalk?
New York City Department of Sanitation mandates that property owners must clear snow or ice from sidewalks to a path of at least 4 feet wide as well as paths to crosswalks or pedestrian ramps for corner properties. For ice or snow that has become frozen to sidewalks such that it cannot be physically removed, business and property owners must strew granular materials such as salt or sand to prevent slipping.
NYC Department of Sanitation rules are:
Snow and ice must be cleared from sidewalks within specific timeframes:
• Snowfall ends between 7:00 AM and 4:59 PM - Clear within 4 hours
• Snowfall ends between 5:00 PM and 8:59 PM - Clear within 14 hours
• Snowfall ends between 9:00 PM and 6:59 AM - Clear sidewalks by 11:00 AM
Businesses and properties that do not adhere to these restrictions within certain timeframes may be subject to fines, and individuals who notice uncleared icy sidewalks should call 311 to report their conditions. However, in addition to monetary penalties, a business or property owner may be liable if an individual sustains an injury as a result of that entity’s negligent failure to clear snow or ice within the allotted timeframe.
According to § 7-210 of New York City Administrative Code, real property owners must maintain sidewalks in a reasonably safe condition. Failure to do so includes, “the negligent failure to remove snow, ice, dirt or other material from the sidewalk.”
Importantly, the Code holds that real property owners shall be liable for any injury proximately caused by failure to do so.
If an icy sidewalk is not properly attended to within a timely manner, innocent individuals will wrongfully be put at risk of sustaining a serious injury, including but not limited to a concussion, breaking a bone, or paralysis.
Our Client’s Story: Slipped and Fell on Busy Bronx Sidewalk
The Jacob Fuchsberg Law Firm is representing a woman who slipped and fell on an icy sidewalk located on a busy street in the Bronx. After falling our client was rushed to the hospital where an X-ray revealed that her left arm was completely broken, with the bone nearly shifting out of place at the site it was broken.
A store adjacent to the business at fault provided surveillance footage of the incident which revealed a large patch of ice directly in front of the store. The footage also shows additional pedestrians who were walking near the ice and were also at risk of sustaining injury from the dangerous conditions.
Our client would have never sustained an injury had the business properly attended to the ice on the sidewalk. Business and property owners have a duty to ensure that individuals are not wrongfully put at risk of sustaining serious injuries as a result of their negligent behavior.
Icy Sidewalk Slip and Fall Lawyer New York City
If you or a loved one recently slipped and fell on an icy subject and sustained a serious injury, it is important to gather evidence to assist in proving your claim. Consider asking surrounding businesses for surveillance footage that might have captured the incident. It is also important to gather all of your medical records and take photos/videos of the scene.
In some cases, an entity may have a history of 311 incident reports at that specific location which can also be used to strengthen your claim. New York City Slip and Fall Lawyer at the Jacob Fuchsberg Law Firm can help you obtain all records and file a claim on your behalf.
Contact our firm today for a free initial consultation. We can help when the unimaginable happens
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