Premises Liability & Slip and Fall Lawyers in New York
Snow and Ice Accident Lawyers in New York
New York winters put ice on every sidewalk and step. When an owner leaves a known hazard, a bad fall becomes their responsibility, not just your bad luck.
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To win a New York snow and ice case you must prove the owner had notice of the icy condition and a reasonable chance to clear it after the storm ended. The storm-in-progress rule protects owners during active storms. We prove the timeline.
Ice doesn’t care how careful you are. One patch on an untreated step or an unshoveled sidewalk can mean a fractured wrist, a shattered ankle, a herniated disc. The legal question is whether the property owner should have dealt with that ice before you hit it.
Snow and ice claims are a specialty within slip and fall law because New York hands owners a powerful defense. Winning means understanding exactly how that defense works and where it breaks.
The storm-in-progress rule
Under the storm-in-progress doctrine, a property owner has no duty to remove snow or ice while a storm is still falling. The duty begins a reasonable time after the storm ends. So the defense in nearly every case is: it was still snowing, we didn’t have to do anything yet.
We break that defense with facts:
- Certified meteorological records showing precisely when precipitation stopped
- Evidence the ice was old, refrozen, or pre-existing — not from the active storm
- Proof the hazard came from a defect, like a broken downspout, clogged drain, or graded surface that pooled and froze
If the ice you slipped on predated the storm, or the storm had ended hours earlier, the doctrine doesn’t protect the owner.
Notice still applies
Beyond the storm rule, you must show the owner had actual or constructive notice of the icy condition and time to address it. A superintendent who knew a downspout dumped water onto the front steps every night had notice of the recurring ice. We look for that pattern.
Who is responsible
Liability can fall on the building owner, the managing agent, a commercial tenant responsible for its own entrance, or a snow-removal contractor whose sloppy job created a new hazard. On many New York City sidewalks, Administrative Code §7-210 shifts the duty to clear snow and ice to the adjacent property owner — a key rule we cover on our sidewalk accident page.
Value drivers
- Severity of injury — fractures, surgery, permanent limitation
- Lost wages and future earning capacity
- Strength of the notice and storm-timeline evidence
We’ve recovered $600,000 and $430,000 in slip-and-fall matters. Prior results do not guarantee a similar outcome.
Deadlines are tight, and claims against the city or a public authority may require a Notice of Claim within 90 days. See our premises liability overview or contact us for a free review.
Snow and ice accident questions New Yorkers ask
Can I sue if I slipped on ice during a snowstorm?
It’s harder. The storm-in-progress rule gives owners no duty to clear ice while a storm is active. But if the ice was old or refrozen from an earlier storm, the doctrine may not apply.
How do you beat the storm-in-progress defense?
With certified weather data showing when the storm ended and evidence the ice was pre-existing or caused by a defect like a broken downspout, not the current storm.
Who is responsible for clearing a New York City sidewalk?
Under Administrative Code §7-210, the adjacent property owner is generally responsible for clearing snow and ice on the sidewalk and can be liable for falls caused by their failure.
How long do I have to file?
Generally three years, but claims against the city, MTA, or a public authority can require a Notice of Claim within 90 days. Call quickly.
Free consultation · No fee unless we win
Injured in New York? Talk to our team today.
We will review your case for free and explain your options — no pressure, no obligation.