New York is no stranger to snowstorms throughout the winter and even the early spring months. After a snowstorm, many parking lots remain covered in snow for some time, especially where snow plows make piles along the edges.
So, what happens if you slip and fall on a snowy or icy patch in a New York parking lot? Is the property owner liable? Working with a New York slip-and-fall lawyer can help you determine your rights to compensation. Elliot Ifraimoff & Associates, PC, are your go-to slip-and-fall injury lawyers in New York.
Who Is Responsible for Clearing Parking Lots in New York?
New York City’s Central Park receives an average of 29.8 inches of snow each winter, but some northwestern suburbs can see as many as 60 inches on average. Across the entire state, the average snowfall total is a whopping 74 inches.
In New York City, the property owner, tenant, lessee, or any other party responsible for a property has a duty to clear snow and ice from their premises. The City establishes the following rules for shoveling snow:
- Property owners must clear snow and ice on their sidewalks to create a path at least four feet wide
- Property owners must clear a path to the crosswalk if they own a corner property
- Property owners must shovel fire hydrants and bus stops in front of their properties
These laws do not specify shoveling parking lots. However, the same rules can be extended to all surfaces where pedestrians may need to walk outside a property.
The timeline for clearing snow depends on when the snow stops falling:
- Between 7 a.m. and 5 p.m.: Within 4 hours
- Between 5 p.m. and 9 p.m.: Within 14 hours
- Between 9 p.m. and 7 a.m.: By 11 a.m.
If snowfall becomes frozen, property owners must place salt or sand on their sidewalks within the same time limits. The City also specifies that property owners are prohibited from shoveling snow into the streets.
A valid slip-and-fall claim starts with establishing that the property owner violated these or similar snow removal rules. A New York slip-and-fall lawyer can assist you.
Common Injuries From Snow and Ice in Parking Lots
Walking through a parking lot shouldn’t pose a significant hazard, especially when the business is open. Yet snow, ice, and slush in parking lots can present serious danger. Slipping and falling on a snowy or icy lot could lead to injuries such as:
- Fractures and sprains (commonly, broken wrists, ankles, and hip bones)
- Bruises and lacerations
- Internal bleeding
- Traumatic brain injury
A slip-and-fall claim or lawsuit can help you cover medical expenses and other costs incurred from the accident.
Establishing a Legitimate Slip-and-Fall Claim After Slipping on Snow in a Parking Lot
Snow and ice accidents are some of the more challenging slip-and-fall claims to prove. You need evidence that the property owner failed to execute reasonable care to clear their parking lot. It may be unreasonable to expect a property owner to keep every square foot of a parking lot clear, especially during weeks when snowfall is frequent.
If your New York slip-and-fall lawyer believes you have a legitimate claim, they can collect evidence to prove that:
- The property owner owed you a duty of care.
- The property owner failed to mitigate the snow and ice hazard within a reasonable time.
- An accident was due to this failure.
- You suffered injuries or other damages in the accident.
- You were taking reasonable care when crossing the parking lot.
You may have a stronger premises liability case if the property owner exhibited gross negligence in failing to clear their parking lot. Perhaps they allowed several feet of snow to pile up and freeze, creating a dangerous environment for drivers and pedestrians.
Your attorney can help you gather medical records to directly tie your injuries to the accident. Medical documentation will show that your injuries were not pre-existing.
Insurance Claim vs. Lawsuit After a New York City Slip and Fall
Can you sue for a slip and fall in a parking lot covered in snow? Yes, but filing an insurance claim is usually a good first step.
Property owners often carry liability insurance to cover accidents on their premises. You may be able to secure adequate compensation through an insurance claim.
If the insurer denies your claim or the property owner’s coverage limits are insufficient, you can consider a slip-and-fall lawsuit. Rest assured that only 3% to 4% of personal injury cases go to trial, according to the Bureau of Justice Statistics. The majority of cases settle out of court, meaning you can likely avoid the hassle of a full trial.
An experienced New York slip-and-fall lawyer can guide your steps after the accident and help you maximize compensation.
Seek Assistance From Elliot Ifraimoff & Associates, PC
Slip-and-fall cases involving snowy parking lots aren’t as straightforward as other premises liability claims. You need a competent, trustworthy attorney to help prove the property owner’s negligence and build a strong case.
Elliot Ifraimoff & Associates, PC, has extensive experience navigating complex slip-and-fall cases in New York. Contact our New York slip-and-fall lawyers today at 718-205-1010 for a free consultation to discuss your slip-and-fall claim worth.
Frequently Asked Questions
What is the average payout for slip and fall in New York?
The average payout for slip and fall in New York is anywhere between $10,000 and $50,000 or more. Your payout depends on the severity of your injuries and any other damages you claim, such as pain and suffering.
Who is liable if you fall in a parking lot?
A property owner is liable if you fall in a parking lot they failed to clear in a reasonable time. The City may be responsible for failing to clear public lots.
How much is pain and suffering worth in a slip and fall?
The amount of pain and suffering is worth in a slip and fall depends on the accident’s severity. Your New York slip-and-fall lawyer can help you maximize compensation.