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New York City Personal Injury Lawyer on Landlords Clearing Snow and Ice from Sidewalks and Steps
We have a big snowfall coming in New York tonight and that will lead to people slipping and falling on snow and ice. As a personal injury attorney, I am frequently asked when is a slip and fall on snow and ice one of the hazards of the season and when does it result from negligence? More specifically, when is a landlord or property owner responsible for a slip and fall on ice?
In New York City, the landlord has a legal obligation to clear ice and snow from public walkways, which would include the front stoop and steps of a building. As a guideline, § 16-123 of the New York City Administrative Code requires property owners to clear snow and ice from sidewalks and public walkways in front of their buildings (“Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter…”).
If the ice is so hard that it cannot be removed, then the property owner can place sand, sawdust, rock salt or other suitable material on top of the ice to make it safe.
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The New York City regulations also stipulate the time a landlord or property owner has to clear snow and ice from a sidewalk or steps. Administrative Code 16-123 gives property owners four hours after a storm ceases within which to clear any dangerous snow or ice condition and until 11:00 a.m. where the storm occurs overnight.
What if there is no storm? The courts have been less clear on the landlord’s obligation to remove ice that forms outside a particular storm. In general, if a landlord was aware of ice or should have been aware of icy conditions, then the four hour rule will apply. If ice always form at the same location, that could constitute constructive notice.
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There have been a few court rulings on this subject, though they do not strictly apply to New York City. In 2005, the Appellate Division in the Third Department ruled that "it is unreasonable to require a landlord to discover ice within two to three hours of its formation on a late weekend evening when there is no precipitation, especially when that ice is not visible to people who were walking upon it." Boucher v. Watervliet Shores Assoc., 24 A.D.3d 855, 804 N.Y.S.2d 511 (3d Dept. 2005).Yet the year before, the Fourth Department, Appellate Division found that a case could proceed where a plaintiff slipped on ice three hours after a temperature drop that would have formed ice. Bullard v. Pfohl's Tavern, Inc., 11 A.D.3d 1026, 784 N.Y.S.2d 265 (4th Dept. 2004). However, Third and Fourth Department decisions are not binding in New York City (which falls in the First and Second Departments).
Besides the obligation to remove snow and ice, a landlord has an obligation for maintaining buildings and property. If negligent maintenance leads to the accumulation of snow or ice, a landlord can be held liable if that snow or ice leads to an injury. Examples of negligent maintenance could include leaking gutters that cause puddles that ice over. Other examples could include defects in roofs or eaves that lead to icing.
If a landlord fails to clear snow and ice as required by New York City law, then the landlord can be held liable for injuries suffered if a person slips and falls on that ice and snow. So landlords, keep your properties in good shape and clear our sidewalks and steps. Pedestrians, proceed with caution.
If you or a loved one has been hurt in a slip and fall on ice or snow, you may be entitled to compensation for your injuries. We have handled many snow and ice slip and fall cases and would be glad to answer your questions and help you. There is never a charge for the consultation. You can call us at 1-800-660-1466 or email us.
The Schlitt Law Firm
New York Personal Injury Attorney
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