Winter in Central New York brings plenty of snow, and unfortunately, plenty of ice. From icy sidewalks and slippery steps to untreated parking lots, slip and fall accidents become much more common this time of year.
Many people assume a fall is simply “bad luck.” In reality, property owners and managers in New York have a legal responsibility to maintain safe premises. When they fail to take reasonable steps to prevent or correct dangerous conditions, serious injuries can occur, and victims may be entitled to compensation through a premises liability claim.
What Is Premises Liability?
Premises liability is the legal concept that holds property owners, landlords, businesses, and other responsible parties accountable when someone is injured due to unsafe conditions on their property.
In New York, property owners and managers are generally required to take reasonable steps to keep their premises safe. This includes:
- Inspecting the property for hazards
- Repairing unsafe conditions in a timely manner
- Removing snow and ice when necessary
- Warning visitors about hazards that cannot be immediately repaired
When a dangerous condition exists and the property owner fails to address it, they may be legally responsible for injuries caused by that hazard.
Common Causes of Slip and Fall Accidents
Slip and fall accidents are often caused by hazards that could have been prevented through proper maintenance, inspection, or supervision. Common examples include:
- Ice and snow build up on sidewalks, stairs, or parking lots
- Wet floors without warning signs (spills, mopping, leaking coolers)
- Uneven pavement or cracked sidewalks
- Loose carpets, torn rugs, or curled mats
- Broken or missing handrails
- Poor lighting in stairwells, hallways, or parking garages
- Cluttered walkways or merchandise left in aisles
- Unsafe staircases or uneven steps
- Potholes in parking lots or entryways
These hazards can lead to serious injuries with long-term consequences, including chronic pain, reduced mobility, lost wages, and ongoing medical care.
Injuries Commonly Caused by Slip and Fall Accidents
Many slip and fall victims experience more than bruises or minor sprains. Falls can cause significant and life-changing injuries, including broken bones, torn ligaments, concussions and TBIs, back injuries, herniated discs, and even spinal cord trauma.
When Is a Property Owner Liable for a Slip and Fall in New York?
Not every slip and fall automatically results in a valid legal claim. To succeed in a New York slip and fall case, the injured person typically must prove:
- A Dangerous Condition Existed
This may include ice, snow, water, broken flooring, uneven surfaces, or another hazard.
- The Property Owner Knew (or Should Have Known) About the Hazard
The injured person must show the owner had actual notice or constructive notice of the dangerous condition.
- Actual notice means the owner knew about the hazard (for example, an employee saw the ice or a customer reported a spill).
- Constructive notice means the hazard existed long enough that the owner should have discovered and corrected it through reasonable inspections.
- The Owner Failed to Fix the Hazard or Provide a Warning
If the property owner did not take reasonable steps to remove the hazard, repair it, or warn visitors, they may be held liable.
- The Hazard Caused the Injury
Medical records, photographs, witness statements, and incident reports are often critical in proving that the fall directly caused the injury.
Snow and Ice Slip and Falls: A Common Winter Liability Issue
Snow and ice cases are some of the most common slip and fall claims in New York, especially in Central New York. Property owners are expected to take reasonable steps after storms to prevent dangerous accumulation.
A key factor in these cases is whether the hazardous condition existed long enough that the property owner should have addressed it. For example, if ice is allowed to build up over several days with no salting, plowing, or clearing efforts, that may demonstrate negligence.
A Recent Slip and Fall Result Handled by Greene Reid & Pomeroy
At Greene Reid & Pomeroy, we have successfully represented individuals who suffered serious injuries due to unsafe property conditions. Slip and fall cases can result in substantial settlements, particularly when injuries require surgery, lead to long-term disability, or create permanent limitations.
In a recent case, a client came to us after suffering a serious slip and fall injury on a commercial property that subsequently required surgery. Our investigation revealed that the landlord failed to maintain the property in a reasonably safe condition. There was a thick accumulation of ice, demonstrating that no meaningful snow and ice removal efforts had been made following a recent storm. The hazardous condition existed for several days before our client’s fall.
Greene Reid & Pomeroy took on the insurance carrier and ultimately obtained a settlement that was three times higher than the initial offer.
This case is a powerful reminder that insurance companies often attempt to minimize claims, and injured people may not realize the full value of their case without experienced legal representation.
At Greene Reid & Pomeroy, we understand how devastating fall injuries can be. Our legal team has experience handling premises liability claims and fighting for the full compensation our clients deserve.
Call us today to schedule a consultation and learn more about your legal options after a slip and fall accident.
