One Snowstorm, Two Very Different Case Results A Tale of Two Cities —
As in other parts of the country, when we on Long Island and the New York metropolitan area have a major snowstorm, as we did this past January, the newscasters will typically repeat the warning, “Don’t go outside unless you must,” over and over. However, there does come a point, after the snow has stopped falling, when we must venture outdoors and expose ourselves to the increased safety risks that winter can bring. In winter, driving can be dangerous, but so can simply walking across privately owned parking lots and walkways — especially if property owners have not exercised the appropriate level of care in removing the snow and ice and treating the ground with either special snow melting chemicals, salt, or sand. After such winter storm events, our law firm tends to get an increased number of calls from people who have fallen on a dangerously slippery sidewalk and been hurt as a result. Often, callers will think that either the municipality or the adjoining property owner is “automatically” liable because they fell at that location. As with so many aspects of personal injury law, details matter greatly. Similar case presentations can have dramatically different outcomes when certain key facts vary. For example, in most jurisdictions, the sidewalk in front of a property is owned by the municipality, not the adjoining property owner. While the adjoining property owner may have a duty to clear the sidewalk of ice and snow — typically after a reasonable period has passed since the snow stopped falling — the penalty for failure to do so may be limited to a fine. In such locations, the adjoining property owner would not have liability if a pedestrian slipped and fell and suffered an injury on the uncleared slippery sidewalk. (An exception: The adjoining property owner may be liable if they took some affirmative act that made the sidewalk more hazardous. For example, clearing a few inches
of snow that provided good walking traction, exposing a base of dangerously slippery ice and leaving that ice untreated.)
Does this leave the injured person without legal recourse? Not strictly speaking, but sometimes, yes. In these places where the property owner’s exposure is limited to a fine, usually the municipality may have the legal responsibility for keeping the sidewalks in a safe condition. However, a liability claim against the municipality after a person slips and falls on an icy sidewalk will usually have one very significant legal obstacle to clear: The injured claimant will often be required to establish that the municipality had prior written notice of the dangerous condition. While this might exist in a case where, for example, a tree root has, over time, broken a sidewalk and made it hazardous for pedestrian traffic, such prior written notice will almost never exist when the dangerous condition is a sidewalk that is dangerously slippery because of snow or ice. Sadly, a person who slips and falls and is injured in such a location may ultimately have no legal recourse against either the adjoining property owner or the municipality. However, some cities and towns in New York state (for example, the Town of Oyster Bay and the City of Long Beach on Long Island) have specific ordinances that do shift potential liability for failing to keep the sidewalk in a safe condition to the adjoining property owner, without the legal necessity of prior written notice. A person who slips and falls and is injured in these locations may have a very strong case. These differences reinforce the importance of reaching out for a compassionate and comprehensive, free, no-obligation case review with one of our experienced personal injury lawyers after an accident causes an injury. Please allow a simple phone call to our firm to empower you.
2
FriedmanSimon.com
Published by Newsletter Pro • www.NewsletterPro.com
Made with FlippingBook Ebook Creator