Winter in New York City brings more than just cold weather. It also brings a surge in slip and fall cases from icy or snow-covered sidewalks. If you own residential or commercial property in this area, a single snowstorm can possibly lead to long and expensive legal battles. Understanding your liability for sidewalk maintenance can help you protect yourself from potential claims as the weather gets colder.
The change in liability
New York City Administrative Code shifted sidewalk maintenance liability from the City of New York to abutting property owners, except for certain owner-occupied residential homes. It is now the owner’s responsibility to keep sidewalks at reasonably safe conditions at all times, including snow and ice removal. Failing to comply leads to strict liability for injuries caused by sidewalk defects or weather-related hazards.
How lack of notice can be your defense
The notice defense can protect you in premises liability cases. Actual notice means you knew about the hazard, while constructive notice means it existed long enough that you should have discovered it.
If you can show that you lacked both notices, you may be able to have the case dismissed on summary judgment. In snow and ice cases, the storm in progress rule can also protect you by generally relieving you of any duty to clear snow or ice while the storm is ongoing.
Proactive maintenance protocols
Timing is everything when it comes to snow and ice removal in New York City. Making sure to clear snow within four hours after a storm ends, excluding 9:00 PM to 7:00 AM, is vital to maintain compliance.
Using clear procedures for salting, sanding and shoveling can also help lower your liability risk. If hiring a contractor, make sure the agreement includes performance standards and indemnification terms.
Checklist of important evidence
Having strong documentation is key when facing snow and ice liability claims. Compiling the following can help support your claim:
- Detailed, time-stamped logs of all snow removal work
- Photos after clearing of conditions outside your home or business
- Security camera footage of the storm and how you responded
- Official weather records
Together, these records can help show you took reasonable steps to keep the sidewalk safe.
Protecting your property and financial interests
Winter sidewalk maintenance in New York City is largely a property owner’s responsibility, but it does not always mean you are at fault when facing a premises liability claim. A lawyer can help you evaluate notice and compile evidence to create a strong defense strategy.