If you slip and fall during a snowstorm, you may have a case for compensation under certain circumstances. If the condition that caused your fall already existed before the storm, or if the condition worsened after something the owner did, you may have a case.
If you slipped and fell after a snowstorm, your case will hinge on timing and if the person responsible should have taken care of the hazard by the time you fell.
Determining Who is Responsible for a Snowstorm Slip and Fall in New York
As with any personal injury case, establishing the negligence or duty of another party is crucial. When it comes to snowstorms and other bad weather incidents, there are many factors at play.
If You Slipped and Fell During a Snowstorm
Snow and ice can cause dangerous conditions for pedestrians during a winter storm and slipping and falling while the storm was in progress presents unique legal challenges. You must determine if:
- The hazard that resulted in your slip or trip was something that existed before the snowstorm hit.
- The owner or other responsible party acted in some way that exacerbated a condition that led to your fall.
You may not know what to look for when trying to establish these facts, but we are able to evaluate your case.
If You Slipped and Fell After the Snowstorm
After a storm passes, property owners do have a duty to address hazards on their property. However, owners have a window of time to clean up or take care of issues on the property after the snowstorm ends. If you slipped and fell after this “reasonable time” passed, it is possible to pursue a case based on negligence.
Local laws can also determine who is responsible for a property or its surrounding areas or set specific time limits for clearing snow, ice, and related dangers after a storm.
Deadlines Slip and Fall Case After a Snowstorm on Long Island
Regardless of when your snowstorm-related fall happened, you must make sure you act quickly. In New York, the statute of limitations is generally three years for personal injury lawsuits, according to CPLR § 214. There may be exceptions that change the statute of limitations, such as a lawsuit against a government agency or municipality.
The Types of Damages You May Be Able to Recover in a Slip and Fall Case
If you slip and fall during a snowstorm, you probably have serious expenses and other financial impacts that you are dealing with. From hospital bills to missing time at work, a slip and fall accident can create a great deal of stress. A few common types of damages that slip and fall injury victims seek include:
- Medical bills
- Surgical expenses
- Medical equipment and devices
- Rehab/physical therapy
- Missed time at work
- Reduced earning capacity
- Diminished quality of life
- Pain and suffering
These are just a few examples of common expenses that you may be able to claim in your case. We can review your expenses and work with you to make sure you seek a fair amount of compensation.
What to Do After Your Fall
Accidents like a slip or trip and fall can be frightening and painful, but there are things you can do that can help a potential personal injury case.
Take Notes and Gather What Evidence You Can
If possible, record the specifics of your incident as soon as possible. Noting your perspective of the incident can help you keep track of important details that you might otherwise forget. You should also organize any relevant paperwork that can help document all relevant losses.
Take Care of Your Health
Slipping and falling, especially in cold and slick conditions, can severely impact your health. Back injuries, fractured bones, concussions, and sprains can put you out of work for a significant amount of time. Prolonged exposure to cold temperatures is also dangerous and can even cause death.
Make sure you follow up with your doctor after the incident, as some injuries are not immediately apparent. Addressing medical concerns regardless of severity can help your health and can even help your potential premises liability case as proof of injuries and other damages.
A Free Slip and Fall Consultation is Waiting
If someone’s negligent actions, or inaction, before, during or after a snowstorm contributed to your slip and fall, call Rosenberg & Gluck, L.L.P. for a free consultation. This confidential and no-obligation phone call with a member of our team will help you figure out whether you can pursue compensation and what your case may be worth.
Call now (631) 451-7900 to get started. Our staff can assist callers in Spanish, too.