In New York State, it is the responsibility of the property owner or tenant to ensure that snow and ice are removed from their place of business. This includes keeping sidewalks and parking lots clear of any hazards to prevent slip and fall accidents.

The responsibilities differ between someone who owns a standalone store and the owners of a shopping center. For standalone store owners, they are generally responsible for the snow removal on their immediate property, including sidewalks and parking lots. However, owners of a shopping center may have shared responsibility for the common areas, such as walkways and parking lots. In some cases, the responsibility for snow removal may be specifically outlined in the lease agreement between the tenant and the shopping center owner.

Failure to properly remove snow and ice can result in premises liability lawsuits if someone is injured due to slip and fall accidents. This can lead to legal implications and potential financial ramifications for the property owner or tenant. It is important for businesses to be aware of their legal responsibilities regarding snow removal to ensure the safety of their customers and avoid legal consequences.

How Soon After a Snowfall Does Snow or Ice Have to be Removed?

In New York State, business owners and commercial property managers are required to conduct snow and ice removal "within a reasonable time" after a snowfall. While there is no specific time frame outlined in the law, a general rule of thumb is that snow should be removed as soon as possible to prevent hazardous conditions for customers and visitors.

Failing to promptly remove snow and ice can result in potential liability for the property owner in the event of an accident or injury. It's important for business owners to stay on top of snow removal efforts and to have a plan in place for managing winter weather conditions.

What Happens if I Slip and Fall on Snow at a Business?

If a person slips and falls on snow at a place of business in New York State, there are specific steps they must take immediately. Firstly, the injured individual should seek medical attention right away if necessary. Additionally, they should report the accident to the business owner or property manager, and request that they document the incident. It is essential to gather as much evidence as possible, including photos of the area where the slip and fall occurred, the snowy conditions, and any visible injuries sustained.

Basics of Long Island Premises Liability

Premises liability laws in Long Island, New York, hold property owners and businesses responsible for maintaining safe premises for visitors and customers.

Under the law, property owners and businesses are required to take reasonable care to prevent accidents and ensure the safety of those on their premises. This includes promptly removing snow and ice to prevent slip and fall accidents. If a business neglects to clear their property of snow and ice and an individual is injured as a result, the business may be held liable for any resulting damages.

What Needs to be Proven to Claim Damages?

To win a premises liability case against a business owner in New York State for injuries sustained due to snow or ice, certain evidence will be necessary. First, it is essential to establish that the business owner had a duty of care to maintain safe premises for customers and visitors. This duty includes keeping walkways, parking lots, and other common areas free from dangerous accumulations of snow and ice.

Secondly, it must be proven that the business owner was aware or should have been aware of the hazardous conditions and failed to take reasonable measures to address them. This can be established through records of the business's snow and ice removal practices, surveillance footage, witness testimony, and weather reports.

Additionally, evidence demonstrating the severity and impact of the injuries sustained will also be crucial in determining the extent of damages owed. Medical records, expert testimony, and proof of financial losses resulting from the injuries will all be important in proving the extent of harm caused by the business owner's negligence.

In summary, to successfully claim damages in a premises liability case related to snow and ice injuries, evidence of the business owner's duty of care, awareness of hazardous conditions, and the impact of the injuries will be necessary.

Who Needs to be Served in a Lawsuit?

If a New York State resident is injured on snow or ice at a place of business in New York State, the parties who should potentially be served with a lawsuit may include the property owner, the property management company (if applicable), and the entity or individuals responsible for snow removal and maintenance of the premises. These parties have a legal obligation to ensure that the property is kept reasonably safe and free of hazards, including snow and ice accumulation. If they fail to fulfill these responsibilities, they may be held liable for any injuries that occur as a result.

It is important to note that premises liability lawsuits involving snow and ice injuries can be complex, and the specific circumstances of each case will determine which parties should be named as defendants. It is crucial to consult with an experienced personal injury attorney who can thoroughly investigate the case and ensure that all potentially liable parties are included in the lawsuit. At Langella & Langella, we can assist you with working out the details of your case, and we invite you to call us for more info!