Do I Have a Case if I Fall on an Icy Sidewalk?
If you sustain a serious injury on an icy sidewalk in New York City, you may have a case. You might believe that you will have to sue a municipality, but most likely, you will have to sue the owner of the property adjacent to the sidewalk the incident took place on. In some cases, the abutting landowner could be a municipality, but in most cases it will be a commercial or private landowner. The village, town, or city you reside in gives a certain amount of time for the responsible party to clear walking surfaces of weather-related conditions. In New York City and Brooklyn, if the storm ends between 7 a.m. and 5 p.m., sidewalks must be cleared within 4 hours. If the snowfall ends between 5 p.m. and 9 p.m., sidewalks must be cleared within 14 hours. If the storm concludes between 9 p.m. and 7 a.m., sidewalks must be cleared by 11 a.m. If a landowner takes too long to clear their sidewalk and ice forms as a result of melting snow, the abutting landowner could be liable. If you are injured within the time allotted to clear the snow, you will probably not have a case against the landowner.
The law office of Weinstein, Chase, Messinger & Peters handles all personal injury and medical malpractice cases. The firm also handles real estate and estate planning throughout the Brooklyn, New York area. Click here to contact them for you free initial consultation.
