Managing Partner
In general, property owners have a duty to keep their premises free of unreasonable dangers. When they fail to do so, and someone gets hurt, the victim can file a lawsuit for damages. However, this becomes more complicated when slips and falls on ice or snow are involved.
To make sure you present the strongest possible case, you should hire experienced legal counsel. Dell & Dean PLLC serves slip and fall victims in Long Island and elsewhere in New York. If you were injured, we’re ready to advocate for you.
Elements of a Slip and Fall Case
Under New York law, a victim of a slip and fall can maintain what is known as a premises liability lawsuit if they can meet these requirements:
- Duty of care: The owner of the Long Island property where the accident took place (or the property owner adjacent to the sidewalk where the pedestrian slipped and fell) must owe a duty of care. This means the owner has an obligation to keep the property free of hazards.
- Breach: A breach of the duty of care takes place when the owner negligently acts or fails to act. For example, failing to clear snow or ice out of the parking lot, and not warning pedestrians of the risk of a slip and fall, is a breach.
- Causation: The breach must directly cause some harm to the victim. If the property owner breached the duty of care, but someone else actually injured the victim (for instance, by pushing them to the ground), then the owner will likely not be held liable for the victim’s injuries.
- Damages: Finally, the victim has to demonstrate the nature and extent of their personal losses. In icy slip-and-fall cases these are usually damages like medical bills, lost time from work, and pain and suffering.
The Complexities of Slips and Falls Over Ice and Snow
Although the above includes the general rules pertaining to slips and falls in Long Island, icy and snowy surfaces present some challenges for the victim. Among them are:
- Whether the owner knew: If the owner did not know about a dangerous condition on their property, it will be more difficult to prove they were negligent. In other words, did the owner actually have notice of the ice of snow?
- Whether the owner had reason to know: The lack of actual notice does not necessarily absolve a property owner of liability. Under the circumstances, it may be that the owner should reasonably have known about the danger. In other words, they can’t turn a blind eye.
- Whether the owner could have learned of the danger: Similarly, the victim must ask whether a property owner could reasonably have been expected to investigate and learn of any hazardous conditions on the property. This is a very fact-specific question.
- Whether snow or ice were actively accumulating: If snow is falling, or has just finished falling, when a victim slips, it will be more difficult to prove owner negligence. The same applies to ice accumulation. The law does not expect Long Island owners to instantly remove dangers from their premises.
- Whether the owner attempted to remove snow or ice: Did the owner actually try to remove snow and ice from the premises? If so, did they do a poor job of removing these hazards? Owners who take it upon themselves to clear snow and ice must responsibly do so.
- Whether the owner attempted to warn of the danger: An owner might not be liable if they posted sufficient warnings to others about snow or ice on the property. This is especially the case since it may take time to clear these hazards anyway.
Working With You Through Your Slip-and-Fall Case
These and other questions make icy slips and falls complex, which is why you need knowledgeable legal counsel advocating for you. If you were injured in Long Island, turn to Dell & Dean PLLC. We can schedule your initial consultation today.
