Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue a property owner for a slip and fall on ice in New York?
Yes. Under New York premises liability law, property owners have a duty to maintain safe conditions, including clearing ice and snow within a reasonable time after a storm ends. If an owner knew or should have known about the icy condition and failed to address it, they can be held liable for injuries. Both residential and commercial property owners are subject to this duty.
Does New York have a law about how long property owners have to clear ice?
New York City Administrative Code Section 16-123 requires property owners to clear snow and ice from sidewalks within four hours after a snowfall ends (not counting overnight hours between 9 p.m. and 7 a.m.). Outside NYC, the standard is reasonable time, which courts evaluate based on when the storm ended and how long the hazard existed before the fall.
What is the storm in progress rule in New York slip and fall cases?
New York follows the storm in progress doctrine, which generally shields property owners from liability for snow or ice that accumulates while a storm is actively occurring. However, once the storm ends, the owner must act within a reasonable time to clear the hazard. If they created a new hazard during cleanup, such as piling snow that later refreezes, liability can still attach.
How long do you have to file a slip and fall lawsuit in New York?
The statute of limitations for personal injury claims in New York, including ice and snow slip and falls, is three years from the date of injury under CPLR Section 214. If your fall occurred on government-owned property such as a city sidewalk, you must file a Notice of Claim within 90 days of the accident. Contact an attorney immediately to protect your rights.