Everyone who lives in a northern climate faces the risk of injury from slipping and falling on ice. The New York accident and injury attorneys at Douglas & London help victims recover compensation from property owners who failed to clear dangerous ice and other hazardous conditions from their property.
A victim’s ability to recover damages in an accident case is a function of whether the property owner or manager was negligent in allowing the ice to build up and cause an injury.
What You Need to Show that a Property Owner Was Negligent
The mere presence of an icy or slippery condition on property is not enough to impose accident liability on a property owner. To recover damages, an injured party will need to show:
- that the property owner knew or should have been aware of the accumulation of ice or snow;
- that the buildup of ice or snow had a potential to cause someone to slip and suffer an injury;
- that if the property owner had taken reasonable precautions– including, for example, clearing the ice, preventing access to an icy area, or posting clear warnings about the ice– the slip and fall accident would not have happened;
- that a victim’s losses and injuries were the direct and proximate result of the property owner’s failure to take those precautions; and
- that the victim suffered genuine economic losses as a result of their injuries.
Slip and fall accident cases are typically very fact specific. A person who suffers injuries should collect as much information about the accident as possible as soon as it happens. Accordingly, they should take pictures of the scene, note the time of day when it happened, weather conditions, and get the names and contact information of any witnesses who saw it happen.
What You Need to Know About Who May Be Liable and When to Sue for Slip and Fall Injuries
A New York City property owner is obligated to clear accumulations of ice and snow from sidewalks within 4 hours after the snow stops falling between 7:00 a.m. and 5:00 p.m. Owners are given more time if it doesn’t end until after 5:00 p.m. Their failure to adhere to this obligation can be used as proof of the owner’s negligence.
Injured slip and fall accident victims in New York must file a lawsuit to recover damages within three years. Because accident evidence can dissipate and witness memories will fade, everyone who suffers injuries should contact an experienced slip and fall accident lawyer as soon as is possible.
Further, if an injured party slipped on a property that is owned or controlled by a state or local government, the deadlines and notice requirements for filing a lawsuit will be much stricter. Contact a lawyer soon after your accident to avoid missing them. Your lawyer will identify the party or parties that had the responsibility to clear the ice and will fight to collect the greatest amount of damages that may be available to compensate for your injuries.
What You Need to Know About the Damages You Might Recover After You Slip and Fall on Ice
All the economic losses that you experience after you are injured from falling on ice will be components in the calculation of the damages that you may be able to recover. They include:
- your actual and anticipated future medical expenses;
- costs of physical and occupational therapy;
- lost wages or job opportunities if your injuries render you unable to work, even if only temporarily;
- your pain and suffering, and loss of consortium with your loved ones.
A property owner’s liability insurance carrier will often be responsible for reimbursing these damages. Insurance companies hire their own teams of defense lawyers, who will argue aggressively for lower amounts. In New York, for example, if an injured victim was partly responsible for causing the accident (e.g. wearing footwear that was inappropriate for the conditions, walking while looking at a smartphone, etc.), defense lawyers will seek to reduce the amount they are obligated to pay in proportion to the victim’s contribution to the accident. A knowledgeable and experienced slip and fall accident lawyer will be your best advocate to repel comparative negligence arguments.
Call the Slip and Fall Accident Lawyers at Douglas & London
To Recover Damages for Injuries
The slip and fall lawyers at Douglas & London in Manhattan help accident victims recover the damages they deserve. Please see our website or contact us as soon as you possibly can after your accident.
Resources:
- www.patch.com: NYC Snow Shoveling Laws: What You Need to Know. https://patch.com/new-york/brooklyn/nyc-snow-shoveling-laws-what-you-need-know
- www.insureon.com: 7 Ways to Prevent Slip-and-Fall Lawsuits. https://www.insureon.com/blog/post/2019/02/01/7-ways-to-prevent-slip-and-fall-lawsuits.aspx
- www.ishn.com: Avoiding Icy Slip and Falls. https://www.ishn.com/articles/107877-avoiding-icy-slip-and-falls