Syracuse, New York: Snow And Ice Slip-And-Fall Accidents

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Snow and Ice Slip-And-Fall Accident Victims Across Syracuse. If You, or a Loved One, Have Been Injured in an Onondaga County Slip-and-Fall Accident That Was Not Your Fault, You Deserve Effective, Aggressive Representation and a New York Premises Liability Lawyer Willing to Fight for Your Rights.

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Syracuse is one of the snowiest large cities in the continental United States.

Each year, Syracuse receives, on average, about 10 feet of snow. Winter storms affect day-to-day life across Onondaga County in a variety of ways, often causing extensive traffic delays and turning ordinary sidewalks into ice-covered obstacles.

Although some winter related slip-and-fall accidents are unavoidable, many could be prevented through proper maintenance procedures and responsible removal practices. If you, or a loved one, have been injured in a slip-and-fall accident that was not your fault, the Dietrich Law Firm P.C. could help you assess your damages and begin working toward a fair legal recovery. Send us a message online, or call us at 1-866-529-5334 to schedule your 100% free, no-obligation consultation.

New York Property Owners And The Duty Of Care

During and after a storm, snow and ice removal becomes a priority.

In many cases, clearing accumulations of snow and ice is not just a matter of keeping visitors and neighbors safe, it is a legal requirement. Property owners typically have responsibilities, including, but not limited to, the following:

1. Clearing accumulations of snow and ice from sidewalks, parking lots, and vacant lots adjacent to their property;
2. Applying salt to snow and ice that cannot be quickly or easily removed; and
3. Keeping publicly-accessible areas of their premises, including ramps, entryways, and corridors, free from obstacles that pose a risk to visitors.

The responsibility of property owners to keep their premises safe from potential hazards is known as “duty of care.” If and when property owners fail to fulfill their duty of care, they could be held liable for the costs of any resulting accident.

Please send the Dietrich Law Firm P.C. a message online to find out who could be responsible for your Syracuse slip-and-fall accident.

Syracuse City Laws On Snow And Ice Removal

New York has few statewide rules governing the removal of snow and ice from private properties and public walkways. In general, local authorities are expected to clear public roads after an inclement weather event. However, the responsibility of maintaining sidewalks, parking lots, and entryways is not always obvious.

Syracuse, like many other cities, has several ordinances detailing how property owners should address accumulations of snow and ice. These ordinances include, but are not limited to, the following:

1. Syracuse, New York, Municipal Code ch. II art. II § (24-3): The owner or occupant of any vacant lot or structure facing a park, street, or alleyway must clear any snow and ice that accumulates upon an abutting public sidewalk.
2. Syracuse, New York, Municipal Code ch. II art. II § (24-4): If the owner or occupant of a property is required to clear ice or snow, whether from their own property or a tract of public property abutting their home or business, they are not permitted to throw or otherwise dispose of the ice or snow into a public gutter, public square, public park, or public sidewalk. This prohibition applies both to the owners of private properties and to commercial snow removal services.
3. Syracuse, New York, Municipal Code S ch. 18 § (18-27): Property owners who are required to remove ice or snow must typically do so by 6 pm of the day following the end of a snowstorm. However, property owners within a Syracuse “Special Assessment District” the Downtown Business District, or the Crouse Marshall Business District are required to clear accumulations of snow and ice within four hours of the end of the inclement weather event.

The Syracuse Department of Public Works will, in some cases, clear a series of “widely used sidewalks” when three or more inches of snowfall occurs. However, this route only prioritizes sidewalks in Downtown Syracuse and alongside routes expected to receive heavy pedestrian traffic. It is otherwise the responsibility of individual property owners, homeowners, and business owners alike to ensure that their premises and any abutting sidewalks are free from unsafe accumulations of snow and ice.

Property owners who fail to abide by Syracuse’s ordinances increase the risk of slip-and-fall accidents and could be held liable for the costs of any resulting injuries. Call the Dietrich Law Firm P.C. at 1-866-529-5334 to schedule your 100% free initial consultation and find out how much your case could be worth.

Common Defenses Against Snow And Ice Slip-And-Fall Claims

Slip-and-fall accident victims have a right to file a claim for compensation against the person or party whose negligence caused their injuries. Unfortunately, fighting a lawsuit against a large business or a reckless landlord is not always easy. In New York, property owners can seek protection under a wide variety of defenses, that could reduce your damages, and potentially bar you from making a fair legal recovery.

The most common defenses to snow and ice-related slip-and-fall claims include the following:

The “Failure to Mitigate” Defense

The failure to mitigate defense suggests that, just as property owners are responsible for maintaining their premises, so are accident victims responsible for ensuring that they take reasonable steps to receive prompt and effective care for their injuries.

Under most circumstances, this means that slip-and-fall accident victims are expected to do the following:

1. Seek immediate medical care for any accident-related injuries;
2. Follow their doctor’s instructions; and
3. Attend follow-up appointments whenever necessary.

If an accident victim does not make a reasonable effort to “mitigate” their injuries, then the person or party who caused their accident may not be liable for all of the resulting damages.

The “Open and Obvious” Hazard Defense

The open and obvious defense is frequently cited in slip-and-fall injury cases. If a hazard is visible and can clearly be avoided, a reasonable person would almost always make a good-faith effort to minimize their risk of injury by trying to avoid it.

The open and obvious defense could be used in any snow and ice-related slip-and-fall accident lawsuit involving the following types of factors:

1. An area that is obviously covered by ice or snow;
2. An area that is obviously covered by ice or snow, and which can be easily bypassed by taking an alternate route; and
3. An area that contains any type of hazard for which the property owner has posted a notice or other warning.

The “Storm in Progress” Defense

The storm and progress defense, or doctrine, is a legal theory that contends that property owners who are required to clear snow or ice cannot be expected to begin removal until after the storm has ended.

How The Dietrich Law Firm P.C. Could Help You Overcome A Strong Defense And Obtain Compensation

Fighting a personal injury lawsuit against a homeowner, business, or landlord that refuses to accept the consequences of their own misconduct can be difficult, especially if they try to fall back on a seemingly ironclad defense.

However, do not have to accept evasive arguments and bad-faith negotiation in place of a fair settlement. The Dietrich Law Firm P.C. could help you overcome even the strongest defense by taking steps, including, but not limited to, the following:

1. Collecting evidence from the accident site;
2. Conducting an intensive investigation to establish how long the dangerous condition was present before your slip-and-fall accident occurred;
3. Auditing or subpoenaing the at-fault property owner’s maintenance logs, internal policies, and electronic communications;
4. Finding out whether a dangerous accumulation of ice or snow was caused by an inclement weather event, or if its formation was preceded by poor maintenance practices; and
5. Reviewing weather reports and consulting expert witnesses to determine if a storm was still in progress at the time of your slip-and-fall accident and whether the business had enough time to begin ice and snow removal.

A recognized U.S. News & World Report Best Law Firm, we know what it takes to fight for our clients, rights and we have the results to prove it. Please send us a message online or call us at 1-866-529-5334 to schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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