I tripped and fell on a sidewalk covered in snow and ice in front of a single family home. Do I have a claim for my injuries?
Yes, you have a claim, but there are several issues to consider. And just like a broken sidewalk next to a single family home, the City would be responsible for any negligence.
Even though New York City Administrative Code 16-123 makes homeowners responsible for removal of ice and snow for sidewalks in front of their home, that responsibility does not make a homeowner responsible for your accident. (It may make the homeowner responsible for a summons the City may issue against the homeowner for failing to clear their sidewalk, but that administrative code section does not make a homeowner responsible for your injuries.)
The responsibility for your accident lies with the City. City of New York. Roark v Hunting, 24 NY2d 470, 301 NYS2d 59, 248 NE2d 896 (1969). Thus, as with any municipal claim, you would need to file a notice of claim within 90 days of your accident under General Municipal Law 50-e. You may also have to attend a hearing (and/or physical examination) under General Municipal Law 50-h. You also must file a summons against the City of New York within one year and 90 days under General Municipal Law 50-i.
However, there are certain factors to consider for the City claim. The City is not going to be responsible for a slip and fall accident during a snow fall. The City will be responsible if it has a “reasonable” time to clear the condition. Although there is no set time, there is a big difference for a “reasonable” time between a two foot snowfall and a two inch snow fall. Soderstrom v New York, 4 NY2d 784, 173 NYS2d 23, 725 (1958).
Homeowner Responsibility
The homeowner may still be responsible if he attempted to clear the snow and ice but did an inadequate job. Roark v Hunting, 24 NY2d 470, 301 NYS2d 59, 248 NE2d 896 (1969). Or, if the homeowner created the slippery sidewalk condition from runoff coming from the home’s leader putting water from the gutter onto the sidewalk. Selig v Mastoloni, 283 App Div 741, 127 NYS2d 724 (2d Dept 1954).
Your particular case would need further investigation to determine the appropriate defendant and the liability.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.