Winter in New York brings picturesque snowfalls, cozy moments, and for property owners, an often-overlooked risk of liability. Yes, the season is beautiful, but it also poses serious hazards such as icy sidewalks and snow-laden rooftops. It falls on homeowners, property managers, and business owners to address these dangers that can lead to costly premises liability lawsuits.
If you own or manage a property in New York, read this guide to find out how to protect yourself legally and how to maintain safety.
Why Premises Liability and Winter Safety Go Hand in Hand
Premises liability laws outline the legal responsibility of property owners to make sure their spaces are reasonably safe for visitors and passersby. In New York, this duty is particularly pertinent during winter months when icy walkways, snow-laden stairs, and slippery entryways can become accident hotspots.
Why does this matter so much, especially during the snowy season? That’s because aside from the human cost, an injury on your property can result in a costly and time-consuming lawsuit. Legal fees, settlements, and judgments can cost thousands of dollars and severely harm your reputation as a responsible property owner. Moreover, courts in New York tend to evaluate whether you took reasonable steps to address winter hazards, such as promptly removing snow and ice or placing warning signs in slippery areas.
How to Mitigate Winter Hazards on Your Property
Given New York’s premises liability laws, it pays to keep your property safe during winter. Below are actionable measures to keep your property hazard-free.
Clear Sidewalks and Walkways
New York City laws mandate that snow and ice be removed from sidewalks within specific time frames after a snowfall ends. If you ignore these rules, you may be fined and be held liable if someone is injured within your premises. So, make clearing walkways a top priority during heavy snowfalls.
| Pro tip: Check local ordinances for specific requirements and maintain a detailed log of snow removal activities. This way, you’ll have evidence of compliance should a liability issue arise. |
Use Salt and De-Icing Products
Preventing ice buildup is as critical as removing snow. Spread salt, sand, or other de-icing materials on walkways, driveways, and steps to enhance traction and reduce the risk of slips and falls. Apply de-icers before snowfall when possible to minimize ice formation, and reapply as needed.
Inspect and Maintain Building Exteriors
Heavy snow and ice on rooftops or overhangs can create serious safety hazards. Snow buildup can cause roofs to sag or collapse, while icicles may fall and injure pedestrians. Inspect these areas to catch problems early and prevent accidents.
Fix Handrails and Steps
Snow and ice can make even minor defects in stairs and handrails more dangerous. Loose or broken handrails, uneven steps, or cracked surfaces increase the likelihood of accidents in slippery conditions. Inspect these areas regularly and complete any necessary repairs, ideally before winter comes.
Ensure Adequate Lighting
Winter’s early sunsets create visibility issues that make slip-and-falls even more likely to occur. Proper lighting around walkways, stairs, and parking lots helps visitors navigate your property safely, even in dark or stormy conditions. Install motion-sensor lights or upgrade to LED bulbs for better illumination and energy efficiency.
Warn Visitors About Hazards
If an immediate hazard like ice buildup or flooding from a burst pipe can’t be fixed right away, make sure to warn visitors. Use visible signs, cones, or barriers to alert people to dangers.
Hire Professionals
When dealing with severe winters, professional snow removal services can be invaluable. These experts ensure thorough removal, including hard-to-reach areas, reducing your liability risks.
Steps to Take If an Accident Occurs
Despite your best efforts to maintain a safe property, accidents can still happen. If someone is injured on your property, act quickly and responsibly to protect both the injured party and yourself from further harm or liability. Follow these steps:
Seek Medical Assistance
The health and safety of the injured person should be your first priority, so call 911 or arrange for medical assistance immediately if the injury appears serious. Even if the injury seems minor, encourage the individual to seek medical attention as symptoms may worsen over time.
Document the Scene
Take detailed photographs of the area where the accident occurred. Focus on capturing any hazardous conditions, such as icy walkways, snow-covered stairs, or poorly lit areas, that may have contributed to the incident. If possible, make sure the images are time-stamped to establish when the photos were taken. Additionally, gather witness statements from those who saw the accident and note their observations.
Report the Incident
Notify your insurance company as soon as possible to begin the claims process. Provide accurate and detailed information about the accident, including when and where it occurred, the nature of the injury, and any steps you took to address the hazard.
Consult a New York Premises Liability Lawyer
If an injured party decides to pursue legal action, consult an experienced New York premises liability attorney such as Keith D. Silverstein & Associates. Our experienced lawyers can guide you toward taking the right steps to protect your rights and help you with the legal process. Acting quickly to address legal concerns can prevent minor issues from escalating into costly lawsuits. For tailored legal advice on premises liability, get in touch with our team for real-time advice.
