Black ice is a major cause of cold-weather slip-and-fall injuries. A thin, clear coating of ice on a sidewalk or parking lot that can’t easily be detected until it’s too late can lead to a slip, a fall, and injuries that can take months or longer to heal. If you’ve been injured in New York City due to a black ice slip-and-fall, you may face hefty medical expenses, lost income from being out of work, a temporary or even permanent disability, and of course, considerable pain and suffering. It can be complicated, however, to determine whether you may recover compensation for your black ice injury in New York City.
Black Ice on City-Owned Streets and Sidewalks
If the black ice was located on city property, such as a city street or city-owned sidewalk, the city is usually protected by a provision in the Administrative Code that requires the city to have received written notice of the unsafe condition at least 15 days before the injury occurred. For more permanent issues such as potholes and sidewalk cracks, this gives the city some advance notice that the problem exists so that it can be fixed. Still, black ice typically only lingers for several days before it eventually goes away. As a result, it can be very difficult to recover from New York City if you slip on ice on city-owned streets or sidewalks.
Black Ice on Sidewalks Next to Privately-Owned Buildings
If, however, the black ice was located on a sidewalk next to a privately-owned building or lot, the City’s Administrative Code requires the property owner to maintain the sidewalk “in a reasonably safe condition.” It makes the property owner liable for injuries or deaths that are “proximately caused” by the owner’s failure to maintain the sidewalk. (This does not apply to sidewalks next to smaller, owner-occupied properties.) The property owner’s liability for injuries is not automatic; however, there needs to be a finding that the owner was negligent in maintaining the sidewalk by, for example, doing a poor job of removing snow or ice and contributing to the black ice situation.
Black Ice on Private Property
Where the black ice was located on private property (such as a building entryway or plaza or a privately-owned parking lot), there must be a showing that the owner had some prior notice of the black ice before the property owner will be held liable. That notice can either be “actual notice,” such as someone telling a building manager about black ice before the slip-and-fall occurred, or “constructive notice,” meaning the black ice had been there long enough so that the building owner’s employees should have discovered and removed it.
Paul Campson Can Help
Paul Campson has been representing clients with slip-and-fall injuries in New York City for many years. His deep knowledge of this area of the law and his experience in representing injured clients means that he can quickly help you understand whether you may be entitled to recover from someone else for your black ice slip-and-fall injuries. And if there is a possibility for compensation, Paul Campson has the in-court experience to help you get the maximum amount you deserve.
Contact Paul Campson today at (212) 301-1180 or online to learn more about how Campson & Campson can help you.