the law office of dennis p. ryan
PREMISES LIABILITY in New York: understanding SNOW AND ICE ACCIDENTS
Premises Liability and New York Snow and Ice Accidents
Under New York Law, a property owner or occupier has a responsibility to keep their property in a safe condition and warn visitors of potential hazards. If a property owner fails to take reasonable steps to protect visitors from hazardous conditions caused by snow or ice, they may be liable for any injuries sustained as a result.
When an injured party (the plaintiff) sues a property owner, they may seek damages for medical expenses, lost wages, and pain and suffering.
If you have suffered an injury after falling on snow or ice, call the personal injury attorneys at the Law Office of Dennis P. Ryan. We will examine the facts of your case and determine whether you have the grounds for a lawsuit. Call (212) 441-4352 or fill out an online contact form to schedule a free consultation.
Who Is At Fault for Snow and Ice Accidents in New York?
Liability for snow and ice accidents in New York depends on where you fell, how much time passed since the snow stopped falling and/or if someone made the condition worse by improper removal of snow. In some situations, liability for a snow and ice accident might extend to a third party, such as a company contracted to plow the snow or a property management company.
The "Storm in Progress" Rule
New York Law states that landowners do not need to remove snow and ice while a Storm is ongoing. New York law gives property owners 4 hours from the time snow, ice, hail or rain stops to remove snow or ice from their property. This grace period does not run from between 9:00 P.M. and 7:00 A.M. For these reasons it is very important for a Plaintiff to know the specific time when he or she fell. It is also important to take photos of the area where you fell or hire an attorney immediately after you fell so the attorney can take photos.
Do You Need a Personal Injury Attorney for Snow and Ice Accidents in New York?
Strict time limits apply to file a personal injury claim. If you have been injured as a result of a slip or fall accident on snow or ice, you should speak to a premises liability attorney as soon as possible after seeking medical attention. A lawyer can also hire the proper experts, obtain meteorological reports and interview key witnesses which could make or break your case.
The law around liability for snow and ice accidents can be complex and varies depending on the specific circumstances of a case. An attorney can review your case and advise you whether you have a basis for a personal injury case and the damages you may be entitled to claim. If you've been injured after a slip or fall on snow or ice, contact the Law Office of Dennis P. Ryan today to schedule a free consultation and learn how we can assist you in recovering. Call (212) 441-4352 today.
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recent results
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recent results |
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The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.
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Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.
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Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.
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Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.
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Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.
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Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.
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Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.
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Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.
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Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.