Bronx Attorneys for Injuries on Snow and Ice
Landowners are responsible for accidents that occur as a result of snow and ice on their premises. In order to be held responsible, it generally must be shown that the landowner failed to remove the snow and ice or that the snow and ice removal efforts were negligent. Where the snow and ice removal efforts were non-existent, it generally must be shown that the storm was no longer in progress at the time of the accident and that the landowner had sufficient time after the cessation of the storm in which to remove the snow and/or ice.
In these types of cases, it is extremely helpful to take photographs to capture the condition of the snow and ice that caused the fall. It is also essential for the injured party's attorney to obtain the weather records (from the National Oceanic and Atmospheric Administration and/or the National Climatic Data Center), and to retain a meteorologist, in order to properly prepare the case.
Pursuant to New York City Administrative Code section 7-210, the landowner of property abutting the public sidewalk is responsible to remove snow and ice from the sidewalk. The landowner may also be held responsible where its negligent repair of the sidewalk results in a defective condition, and ice forms as a result. Further, a landowner may also be held responsible where water is permitted to flow by artificial means from the property to the sidewalk, where it freezes. A common example of that is where a drainage leader discharges snow from a roof onto the sidewalk.
Jason Shapiro, founder of Shapiro Law Offices, PLLC, discusses in depth in his textbook, The Lawyers' Guide to Personal Injury Law, the proper handling of snow and ice accident cases. Shapiro Law Offices, PLLC has extensive expertise in handling these types of accident cases, and has obtained multi-million dollar awards as a result.