Winter Weather Liability in New York

Property Owner Responsibilities Under New York Law
In New York, property owners have a legal obligation to maintain their premises in a reasonably safe condition, including the removal of snow and ice. New York City Administrative Code requires property owners to clear snow and ice from sidewalks within specific timeframes:

– If snow stops falling between 7 AM and 4:49 PM:
Must be cleared within 4 hours
– If snow stops falling between 5 PM and 8:59 PM:
Must be cleared within 14 hours
– If snow stops falling between 9 PM and 6:59 AM:
Must be cleared by 11 AM the next day

Failure to comply with these requirements can result in fines and, more significantly, liability for slip-and-fall accidents.

The “Storm in Progress” Doctrine
New York’s “Storm in Progress” doctrine is a legal principle which basically provides that property owners have a reasonable time after the end of a storm to address snow and ice conditions. However, if they attempt to remove snow during the storm, they must do so with reasonable care or may be held liable for creating or exacerbating hazardous conditions.

Protecting Your Rights After a Winter Weather Accident
If you’ve been injured in a snow or ice-related fall, taking immediate action is crucial:

– You should seek medical attention immediately
– If anyone witnessed the accident, get their names and phone numbers if possible
– Photographs are always helpful if you, or if someone who is with you, are able to take photos.

Recent Legal Developments
New York courts continue to emphasize the importance of proper snow and ice removal. Recent cases have highlighted that property owners cannot simply rely on snow removal contractors to avoid liability – they maintain a non-delegable duty to keep their premises safe.

If you have questions about winter weather liability or have been injured in a snow or ice-related accident, contact Buzin & Berman for a free consultation. We can help protect your rights and pursue any compensation you may be entitled to under New York law.
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