December 9, 2014

Avoid These Winter Weather Accident Pitfalls in New York

By Jonathan Damashek

Posted in

Go to the main Auto Accidents page


Premises Liability Cases: Slip and Fall Accidents

Walking conditions can be treacherous in New York, particularly during the winter. When there are wet, snowy or icy conditions, property owners have a duty to protect those who visit their premises, and are required to exercise reasonable care for their safety. The owner or property occupant must clean up spills, mop up water from melting snow and ice, and must warn visitors of danger when the floors are slippery.

winter weather accidentsAny person who has lawfully entered a property and then slips and falls may file a premises liability case if the owner or manager was negligent in warning of danger, or clearly failed to resolve an unsafe condition.

Limited Time to File a Claim for a Slip & Fall Accident

Based upon the location of the slip and fall accident, an injured person has limited time in which to file a slip and fall injury claim.

Limited time to file a claim in New York, NYThe statute of limitations in New York allows for only three years in which to file an injury claim against a state property owner.

Injuries that take place on government property, such as a school, post office or other government building or facility allow for far less time, and immediate action must be taken.

claim3Accidents involving the City of New York require that a Notice of Claim be filed within 90 days of the time of the injury.

In some instances, the notice must be filed directly with the agency itself, such as the N.Y.C. Transit Authority or New York Housing Authority. If a person dies due to injuries sustained in a slip and fall, a wrongful death case can be initiated to recover compensation for the immediate family.

Slip and fall cases, particularly those that involve catastrophic or fatal injuries, can be complex. It is important that you retain the assistance of a New York personal injury attorney. There are several parties that may be held liable: the property owner, the entity occupying the property or another party such as a management company under contract to maintain the property, or all three. Each case has its own set of facts as to how the slip and fall occurred, the circumstances surrounding the accident, and which parties may be held liable.

Clearing Snow and Ice: The Responsibility of Property Owners in New York

Property owners are required under law to remove snow and ice and clear a path for pedestrians.

claim4The property owner, lessee or other person in charge of a building with a sidewalk has 4 hours from the time a snowfall ends to ensure the walkway is cleared.

If the snow or ice is frozen so hard that it cannot be removed without damaging the pavement, the there should be ashes, sand or sawdust spread on the sidewalk to improve footing.

claim5The property owner also has the duty to warn any visitor to the property if the entryway or other area in a building is wet and potentially hazardous.

If you or a loved one suffered an injury in a slip and fall due to winter weather on any private, commercial, public or government property, connect with a law firm that can help you get your claim resolved. Getting your lawyer involved early in the process could be critical, as it will be necessary to gather all pertinent evidence, such as photographs of the area and witness statements.

Car and Other Vehicle Accidents: Snowy and Icy Roads and Highways

New York is often hit by winter storms. Even the most careful New York driver is at risk of an accident when on the road in snowy and icy conditions. Other drivers who are inexperienced in winter driving may drive in a manner that endangers others, such as driving too fast for road conditions. New York is one of the top ten states for icy road fatalities.

claim6Adverse weather conditions are the underlying situation in over 1.5 million crashes every year in the USA, and New York ranks high on the list for fatalities in icy road accidents.

These accidents take place on city streets, on highways and in rural areas, with head-on collisions being the most common type leading to fatal injuries.

New York Accident Statistics
Another driver may have been negligent or the case may involve a failure of the city, county or state to warn of dangerous road conditions or properly maintain a roadway. To successfully recover compensation for all damages, it is necessary to gather sufficient evidence to establish negligence, and your lawyer will manage this and all of the other critical issues surrounding your claim for you.

Top 5 Car Accident Human Factors in New York

Human factors causing car accidents in New York, NY.

If you or a loved one has been seriously injured in a weather-related car crash, get help from an attorney as early as possible so that your right to full compensation is protected.


Contact Hecht, Kleeger & Damashek, P.C. for assistance in filing a claim or lawsuit after a winter driving accident. We have recovered more than $200 million over the past 12 years in practice. We offer notable results and the highest level of professional service for the injured.