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Personal Injury FAQs

Who is responsible when I slip and fall on ice or snow in New York?

Quick Answer
Property owners in New York have a duty to clear snow and ice within a reasonable time after a storm ends. For private property, the three-year CPLR 214 deadline applies. For municipal sidewalks, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. New York City also requires prior written notice of sidewalk defects under Administrative Code §7-201.
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What you need to know

Slip-and-fall accidents on icy sidewalks and snowy steps are among the most common Personal Injury cases in New York, especially in winter. These cases are winnable — but they require prompt action and solid evidence.

The Ongoing Storm Rule

New York courts apply the storm in progress doctrine: a property owner is not required to clear snow and ice while a storm is actively ongoing. Liability arises only after the storm ends and the owner has had a reasonable time to address the condition. Courts look at how much time passed after the storm stopped, the weather conditions, the nature of the property, and the resources available to the owner.

Private Property Owners

Owners of commercial property, apartment buildings, and private homes have a common-law duty to maintain their property in reasonably safe condition. For ice and snow, this means salting, sanding, and shoveling within a reasonable time after a storm. Evidence of prior complaints or prior incidents on the same property strengthens the case.

City and Municipal Sidewalks

If you slipped on a public sidewalk in New York City, the rules are strict. Under Administrative Code §7-201, New York City generally is not liable for sidewalk injuries unless it had prior written notice of the defect. However, the abutting property owner has a duty under Administrative Code §7-210 to maintain the sidewalk, including snow and ice removal — and can be held liable.

For any municipal claim, file a Notice of Claim within 90 days under General Municipal Law §50-e. Photograph the scene immediately. Three-year deadline for private property claims under CPLR 214. No fee unless we win.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

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  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

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  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

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  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

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  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

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