I slipped and fell on snow outside of a bagel store. At first I did not believe I was seriously injured. But my knee kept hurting and I went to a doctor and I was told I need surgery. Do I have a case?

In a prior post, a similar question was asked about a slip and fall on snow outside of a private residence. In that case, even though there is an administrative code section placing the burden of clearing snow on adjacent property owners, that duty does not run to third parties walking on the sidewalk. Administrative Code of the City of New York § 16-123. In fact, that particular section of the administrative code gives the right to Department of Sanitation to issue a summons against homeowners who fail to remove snow. As explained in the prior post, the duty to clear sidewalks rests with the City. Thus, if this accident occurred next to a single-family house, the City of New York would be responsible.

However, you said that your accident occurred outside of a bagel store. The duty shifts from the City to the adjacent commercial owner to clear a sidewalk of snow. New York City Administrative Code § 7-210. Therefore, you may have a case against the bagel store for failure to clear the sidewalk of snow.

Defining “Reasonable”

The bagel store will be responsible if you can prove that they were not acting reasonably under the circumstances. Therefore, you would have to look at the amount of snow, the time when the snow had last fallen prior to your accident and the temperature during that time.

There is at least some authority to suggest that the administrative code defines what is “reasonable.” Vosper v Fives 160th, LLC, 110 AD3d 544, 973 NYS2d 589 (1st Dept 2013). The administrative code states that the abutting land owner has four hours to clear snow after the snowfall stops. That four hours excludes the hours between 9 PM and 7 AM. Administrative Code of the City of New York § 16-123. So for example, if it snowed overnight, it was “reasonable” for the bagel store to clear the sidewalk before 11 AM. If your accident occurred after 11 AM, you have at least an argument that the bagel store was not acting “reasonably.”

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.