Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who is liable when someone slips on ice in New York?
In New York, property owners and occupiers have a duty to maintain their premises in a reasonably safe condition. Liability in an icy slip-and-fall case typically depends on whether the owner had actual or constructive notice of the hazard and failed to remediate it. A landlord, business owner, or building manager may all be held responsible depending on who controlled the property at the time of the fall.
Does New York have a storm-in-progress rule for ice lawsuits?
Yes. Under New York’s storm-in-progress doctrine, a property owner is not required to remove snow or ice while a storm is actively occurring. However, once the storm ends, the owner must act within a reasonable time to clear the hazard. If you slipped hours or days after a storm stopped and the ice was left unaddressed, the owner may be liable.
Can I sue the City of New York if I slipped on an icy sidewalk?
Suing a municipality in New York follows stricter rules. Under Administrative Code §7-210, property owners — not the City — are generally responsible for adjacent sidewalks. However, if the City owned the property, you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days. Missing this deadline bars your claim.
How long do I have to file a slip-and-fall ice lawsuit in New York?
For most private property ice slip-and-fall claims in New York, the statute of limitations is 3 years from the date of injury under CPLR §214. Claims against a government entity are subject to a much shorter Notice of Claim requirement — 90 days from the incident. Document everything immediately and consult an attorney as soon as possible to protect your rights.