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How to Sue Your Landlord for Falling on Ice at Your Apartment
New York winters are known for their harsh, icy conditions. While snowy sidewalks and slippery steps are common, they can pose serious risks to tenants if landlords fail to address hazardous areas. If you’ve fallen on ice around your apartment complex, you might be wondering: Can I sue my landlord for falling on ice?
This guide explains when landlords may be held liable for slip-and-fall injuries on icy surfaces and how to build a strong case for your personal injury claim.
Common Areas Where Ice Accumulates Around Apartments
In New York City, ice often accumulates in these areas around apartment complexes:
- Sidewalks bordering the property
- Exterior stairs or entryways
- Parking lots and driveways
Landlords are not expected to remove ice instantly after snow begins to fall. However, they are legally obligated to maintain safe conditions on their property. This includes monitoring weather forecasts, identifying high-risk icy areas, and removing ice themselves or hiring professionals to handle it promptly.
Injuries Commonly Caused by Slips on Ice
Falls on ice can range from minor embarrassment to life-changing injuries. Some common injuries resulting from icy slip-and-fall accidents include:
- Concussions or other traumatic brain injuries
- Broken bones (e.g., wrists, ankles)
- Spinal injuries, such as compression fractures or herniated discs
- Back injuries
- Shoulder separations
- Muscle strains or sprains
These injuries can result in costly medical bills, lost wages, and long-term physical therapy.
Proving Liability for a Slip-and-Fall Accident
Under New York City law, property owners are responsible for clearing snow and ice from sidewalks adjacent to their buildings. The Department of Sanitation requires snow removal within specific time frames:
- Snow ends between 7 AM and 4:49 PM: Clear within 4 hours.
- Snow ends between 5 PM and 8:59 PM: Clear by 11 AM the next day.
- Snow ends between 9 PM and 6:59 AM: Clear by 11 AM the following day.
Your rental agreement is crucial in determining liability. In multi-unit buildings, landlords typically handle snow and ice removal for common areas. However, some lease agreements shift this responsibility to tenants. Carefully review your lease to clarify your landlord’s obligations.
Can You Sue Your Landlord for Slipping on Ice?
If you’ve fallen on ice due to landlord negligence, you may be entitled to compensation for your injuries. To pursue a claim, you must prove:
- The landlord knew or should have known about the icy condition.
- The landlord failed to address the hazard within a reasonable timeframe.
- The icy condition directly caused your injuries.
Evidence plays a critical role in building your case. This may include:
- Photographs of the icy area
- Testimonies from neighbors or witnesses
- Medical records documenting your injuries
Contact an Experienced Personal Injury Attorney
If you’ve been injured in a slip-and-fall accident, the Law Office of Jeffrey K. Kestenbaum can help. As a skilled personal injury attorney, Jeffrey K. Kestenbaum will evaluate the specifics of your case, gather the necessary evidence, and guide you through the legal process.
Call us at 718-237-5586 or use our online contact form for a free consultation. Our team is available 24/7 to provide the support and guidance you need after a winter accident.
Stay cautious during icy conditions, but remember: If an accident occurs, we’re here to help you get the justice you deserve.