Cellino Law - December 2023/January 2024

THE DANGERS OF WINTER Slip-and-Fall Accidents Can Cause Serious Injury … and Liability it’s important to understand that you will only have 90 days to file a notice of claim against the city or town in which the incident happened — unlike a slip and fall on private property, in which an injured party typically has three years to file a claim for personal injury.

New York is no stranger to harsh winter conditions, with ice and snow often increasing the risk for slip-and-fall injuries. Slip-and-fall accidents often occur when a walking hazard, such as an icy sidewalk, a snow-logged floor, or a missing handrail, causes someone to lose their balance and fall to the ground. These types of accidents can result in a range of injuries from bruises to fractures or even fatalities in some cases. In New York, property owners are required to maintain their premises, keeping their property clear of hazards that could result in an injury. In other words, anyone who owns private property in New York state (yes, this includes shopping centers and grocery stores) must make a reasonable attempt to keep the premises safe for everyone on their property. For example, if an ice storm is forecasted to hit your area, but your landlord fails to salt the walkways of your apartment complex before or after the storm hits. As a result, you slip and fall while leaving your apartment building two days after the storm, resulting in a fractured tailbone. If your landlord was reasonably able to salt or clear the walkways but failed to do so, then your landlord could be liable for your injury. This same rule applies to owners of public shops like grocery stores and shopping malls. A city or municipality may also be held responsible for a victim’s slip-and- fall injury. For example, if you slip and fall because the city failed to properly maintain its sidewalks or roadways, depending on the circumstances, you may be able to pursue legal action against the municipality for your injuries. However,

You can help prevent injuries from winter slip-and-fall accidents by taking proactive measures. Tune in and stay informed on weather events like sleet, freezing rain, or snow so you can plan your outings accordingly. In instances of potentially icy or slick conditions, be sure to wear footwear with traction and ankle support to reduce the risk of a fall outdoors. Pay close attention to your surroundings if venturing out in these conditions and use handrails where safe and available. Of course, the possibility of a slip-and-fall accident can still exist even with these precautions, particularly if property owners fail to properly maintain their walkways. If you’ve been injured in a slip-and-fall accident, don’t wait to contact an attorney. Our legal team at Cellino Law has the experience and knowledge necessary to help you recover the financial damages you deserve after sustaining a serious injury. Call us at 800-555-5555 for a free case consultation with one of our attorneys.

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