Winter in New York can be harsh. When a person slips and falls on ice, the injuries can be serious and long-lasting. In the most serious cases, the victim of the fall may require surgery. If you or someone close to you has suffered an injury after slipping and falling on ice on someone else’s property in Syracuse, you need to reach out to a skilled Syracuse premises liability attorney immediately. We can assess the circumstances of the fall and help you pursue the compensation you deserve for your harm.
A slip and fall accident occurs when a person is injured because a walking surface contains a dangerous condition (like ice) that causes a person to slip, trip, or fall. Many slip and falls on ice are results of a property owner’s negligence. In New York, both city and private property owners are required by law to clear ice and snow on the sidewalks abutting their property. Failing to clear snow from the sidewalk in front of the building or doing a poor job of clearing the snow or ice creates a hazard for anyone walking in the area. Property owners must clear snow and ice from the property in a “reasonable” amount of time to ensure walkways and high traffic areas are safe. According to the New York City Department of Sanitation, snow and ice must be removed no later than four hours after the end of the snowfall or no later than 11 a.m. if the snowfall ends after 9 p.m. the night before.
Slip and fall liability is generally rooted in the theory of negligence. Negligence takes place when an injury is a result of a property owner failing to use reasonable care. Reasonable care refers to the level of care that a prudent person would use in the same or similar circumstances. For instance, a property owner using reasonable care would make sure to clear a sidewalk properly so that there are no icy conditions that would lead to a fall. To establish negligence in a New York slip and fall case, the plaintiff must demonstrate the following:
- The property owner owed the plaintiff a duty to exercise reasonable care;
- The property owner breached that duty; and
- The property owner’s breach was a direct and proximate cause of the slip and fall accident and the plaintiff’s resulting injuries.
If liability is established, we can help you obtain the maximum amount of compensation available in your case. Typically, an injured plaintiff can recover compensation for things like medical bills, lost wages, rehabilitation costs, pain and suffering, loss of enjoyment, and any other expenses arising from the injury. Each case is different, and the precise amount of payment a plaintiff will be entitled to receive will depend on the specifics of the case.
If you slipped and fell due to snow or ice on someone else’s property, you may be eligible to receive compensation for your damages. At DeFrancisco & Falgiatano Personal Injury Lawyers, our premises liability attorneys are committed to investigating each client’s claim thoroughly and coming up with a legal plan accordingly. With years of experience, we understand that there may be multiple at-fault parties, and we are dedicated to identifying each of those parties. We proudly represent clients from New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. To discuss your case in more detail, feel free to call us at 315-479-9000 or contact us online.
More Blog Posts:
Malpractice Claims for Surgical Errors in New York, Syracuse Personal Injury Blog, December 27, 2017
Brain Injuries as a Result of Malpractice in New York, Syracuse Personal Injury Blog, December 18, 2017
Rear-End Accidents in New York, Syracuse Personal Injury Blog, December 11, 2017