All signs point to this winter being a particularly frigid one. We’ve already had multiple snow and ice storms. With all that snow and ice, the risk of a slip and fall increases dramatically. If you’ve sustained injuries due to a property manager’s negligence, please read on, then contact one of our experienced Westchester County slip and fall accident attorneys to learn more about who you can sue for negligent snow and ice removal in New York.
Who can you sue for negligent snow and ice removal in New York?
Per New York state law, you can sue homeowners, business owners and property managers for negligent snow and ice removal. If they fail to do so in a timely manner and you fall and get hurt, you may hold the property owner or manager liable for your injuries. Basically, anyone in charge of the property, including tenants, can face litigation if they neglect to remove snow and ice from all walkways adjacent to the property in question.
What do you need to prove negligent snow and ice removal accidents in New York?
The statute of limitations in New York is typically three years from the date of the accident. In that time, you will need to prove the following:
- You were on a part of the property where visitors are usually allowed and/or expected to be
- You were paying sufficient attention to where you were walking, i.e. not looking at your phone, etc.
- You were wearing appropriate footwear
- The dangerous condition was not cordoned off by cones or signage
- The dangerous condition was not reasonably obvious to you
What does New York’s pure comparative negligence rule mean?
If your slip and fall case goes to trial in New York, the state’s pure comparative negligence rule will determine how much you can recover from the property owner if the jury finds him or her liable. The jury bases this on the level of responsibility you bear for your accident and will reduce your award by an equal percentage. If the jury finds you 40% responsible, because you stepped over orange cones that the property owner had set out to cordon off the dangerous condition, then whatever damages they award you will be reduced by 40%. For example, if you receive $10,000 in damages, but are found 40% responsible, you will be entitled to $6,000. If all this sounds intimidating, reach out to one of our skilled Westchester County personal injury attorneys to discuss your next steps.
CONTACT OUR EXPERIENCED WESTCHESTER COUNTY FIRM
Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.