ALL types of Fall Down Accidents
The insurance company has millions of reasons why falling down was all your fault. We don’t let them get away with it.
In any of the five boroughs of New York City, Bronx, Brooklyn, Manhattan, etc. The New York City Administrative Code gives the right to sue an owner of property for failure to remove snow within a certain time frame after the snow has stopped falling or simply for the negligent removal of snow.
NYC Administrative Code § 16-123. Requires an owner of property must remove snow within four hours after the snow ceases to fall. The time between 9:00 PM and 7:00 AM is not included in this period of 4 hours. The law also provides that if the snow and ice on the sidewalk is frozen so hard that it cannot be removed without injury to the pavement, the owner, may, within the time specified use ashes, sand, sawdust, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalks. This law typically will apply only to sidewalks in front of apartment buildings, commercial buildings or establishments, churches, vacant lots. This particular § of the law does not apply to one-, two- or three-family residential real property. There are however exceptions to that as provision as well.
If any owner of property commercial or residential attempts to remove snow from the sidewalk and in doing so creates a condition more dangerous than if it had been left alone then a case can be made for injuries resulting from such dangerous condition.
If an owner of one-, two- or three-family residential real property that is ordinarily exempt from the above section of the Administration Code derives a benefit by using the public sidewalk the such owner might be subject to liability for failure to remove snow or removing snow negligently. A typical example of “special use” is when an owner of a 1,2 or 3 family house uses the driveway portion of the sidewalk as a means of getting their car to and from the street.
The law in NYS concerning dangerous conditions caused by ice and snow is complex and has numerous qualifications, exceptions and variations. For example dangerous ice and snow conditions found on steps leading to a building or house, leaking drain spouts that freeze into ice. The only way to be sure of whether or not you have a case is to consult with attorneys who have extensive experience in this section of the law.
If you should suffer the misfortune of an accident caused by ice and snow it will help to prove your case if you can take photos of the icy conditions that caused you to slip and fall. The best time to do this is at the time of the accident, if that cant be done for some reason then pictures taken soon after are also very helpful to your case.
All other types of premises (non-auto) case are handled with knowledge of every conceivable theory of liability available to an injured person.
We have represented thousands of people in all types of accidents and know what legal options can be available to you.
The above discussions concerning the law are meant to serve as general information and does not constitute legal advice. The only way to be certain of what the law is and how it applies to your particular situation is to consult with an attorney face to face to discuss the specifics of your accident.
The most important thing you can do after this type of accident it get pictures of the stairs, sidewalk, parking lot, ice, etc. as soon as possible after the accident. Often times there is no police report issued for a trip/slip and fall case and the insurance company may even try to claim that you did not even fall there or that the defective condition did not exist when you fell. We do our own investigation and photography but there is no substitute for photos taken at the time of the accident or soon after.
In one case we obtained a jury award of $3,000,000.00 for a UPS worker who fell on steps that were being painted without any warning signs or barriers. As a result of the accident he underwent 2 back surgeries and was unable to return to his usual profession.
