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