The Role of Weather in Slip and Fall Claims 

Weather conditions in New York can be extreme and unpredictable. They can significantly impact the safety of public and private spaces. One of the most common results of hazardous weather is slip and fall accidents, which can cause serious injuries or even death. During unsafe conditions caused by weather, property owners are still expected to act responsibly to protect their guests, clients, or patrons. 

If you’ve been injured in a slip-and-fall accident partially caused by rough weather, you may be eligible for compensation for your injuries, pain, and suffering. At the Rizzuto Injury Firm, we are committed to holding property owners accountable when they fail to maintain a safe environment. Here’s what you need to know about how weather conditions can lead to slip and fall accidents in New York and what you can do if you are injured.

How Weather Conditions Contribute to Slip and Fall Accidents

Weather-related slip and fall accidents are common in New York, especially during winter when snow, ice, and freezing rain are frequent. In the colder months, wet and slick surfaces increase the risk of falls, but weather-related accidents can also happen in other seasons due to heavy rain or high winds. Some of the most common weather-related hazards include:

  • Icy surfaces: Snow and ice accumulation on sidewalks, driveways, and parking lots can create dangerously slippery conditions.
  • Wet floors: Heavy rain can cause puddles or wet spots on floors, creating a slip hazard inside and outside buildings.
  • Freezing rain: Ice that forms quickly on sidewalks, streets, or steps can be nearly invisible, leading to falls.
  • High winds: Strong winds can blow debris around or cause objects to come loose, obstructing walkways and leading to falls.

Property Owners’ Legal Responsibilities in New York

In New York, property owners are legally obligated to maintain their property and take reasonable steps to prevent slip and fall accidents. When weather conditions create dangerous conditions, property owners are required to:

  • Clear snow and ice: Under New York law, property owners must remove snow and ice from walkways, parking lots, and other areas regularly. Failure to do so can lead to liability if someone is injured.
  • Post warning signs: If property owners cannot clear ice or snow immediately, they must post clear warning signs to notify people of the danger.
  • Proper maintenance: Property owners must ensure that their premises, including walkways, stairways, and parking lots, are properly maintained to prevent weather-related accidents.

If a property owner neglects their responsibility and fails to address hazardous weather conditions, they may be held liable for any injuries that occur as a result.

Common Slip and Fall Injuries Caused by Weather Conditions

Weather-related slip and fall accidents can lead to serious injuries, which may require extensive medical treatment and result in long-term disability. Common injuries from slips and falls include:

  • Fractures: Broken bones, especially wrist, ankle, and hip fractures, are common when someone falls on ice or slick surfaces.
  • Head injuries: Falls can result in concussions or more severe traumatic brain injuries (TBI), which can have lifelong consequences.
  • Spinal injuries: Falls can also lead to back and spinal cord injuries, some of which may cause permanent paralysis.
  • Soft tissue injuries: Sprains, strains, and torn ligaments can occur in the knees, shoulders, and other areas.

If you have been injured in a slip and fall accident, seek medical attention immediately. Your health is of the utmost importance. Having a doctor’s report as soon as possible after your injury will also help document the situation for a potential legal case.

Proving Fault in Weather-Related Slip and Fall Cases

In all slip and fall cases, proving fault is essential. To hold a property owner liable for your injuries, you must show the following:

  • The property owner was aware or should have been aware of the hazardous weather conditions.
  • The property owner failed to take reasonable steps to address the danger, such as clearing snow or putting up warning signs.
  • The property owner’s failure to act directly contributed to your slip and fall accident and resulting injuries.

A skilled New York slip and fall attorney from our law firm can help you gather evidence, such as photos of the accident site, witness statements, and weather reports, to build a persuasive and powerful case.

Slip and Fall Accidents: Related New York Law 

In New York, slip and fall cases are governed by premises liability laws, which hold property owners responsible for maintaining safe conditions on their property. New York General Obligations Law § 9-103 outlines the duty of property owners to keep their premises in a reasonably safe condition, including clearing snow and ice in a timely manner after a storm.

Weather Doesn’t Excuse Negligence

Some property owners believe they can’t be held accountable during ongoing weather events—but that’s not true. While New York courts may allow a “reasonable time” to clear snow, the property owner may still be liable if your injury happened after that window or due to ongoing neglect. The key is whether they took any reasonable steps to protect people on the property.

Comparative Negligence in New York Slip and Fall Cases

New York follows the rule of pure comparative negligence. This means you can still recover compensation even if you were partially at fault. For instance, if you were looking at your phone while walking but the property was clearly dangerous, your damages may be reduced by the percentage for which you are deemed responsible for the accident but not denied entirely. We fight to make sure your share of the blame is minimized.

New York Statute of Limitations for Slip and Fall Accidents

New York Civil Practice Law and Rules (CPLR § 214) sets the time limit for filing a slip and fall lawsuit in New York. In most cases, you have three years to file a claim, but the time frame will be shorter if you are suing a government entity.

Municipal Liability for Sidewalk and Road Maintenance

If your fall occurred on a public sidewalk or street, the city or municipality may be responsible. In New York City, for example, property owners are often liable for sidewalk maintenance, but certain exceptions exist where the city is responsible. Suing a municipality has different notice and deadline requirements, including a 90-day Notice of Claim.

Rizzuto Injury Firm: Secure the Compensation You Deserve

At the Rizzuto Injury Firm, we are committed to helping victims of slip and fall accidents and other serious injuries in New York. Our team is passionate about fighting for your rights and ensuring negligent property owners are held accountable for their actions. With our aggressive approach and compassionate support, we will work tirelessly to secure the compensation you deserve for your injuries.

If you or a loved one was seriously injured in a slip and fall accident during hazardous weather conditions, find out how to proceed with a claim. Contact the Rizzuto Injury Firm for a free consultation. Let us fight for your rights and pursue the compensation you deserve. Call 516-604-5496 today.