Every winter, Bronx emergency rooms fill with people who slipped on an icy sidewalk, an unsalted building entrance, or a snow-covered parking lot. These falls can cause broken wrists and hips, back and neck injuries, and head trauma. If you were hurt, the most important question is usually the same: who was responsible for clearing the snow and ice? In New York City, the answer is often not the City.
Who Has to Clear Snow and Ice From NYC Sidewalks?
Under the New York City Administrative Code, the owner of the property next to a sidewalk is generally responsible for keeping it safe, including removing snow and ice. That includes landlords, businesses, co-ops, condos, and many homeowners. Certain owner-occupied one-, two-, and three-family homes are treated differently, so the type of building matters.
The City’s snow removal rule (Administrative Code § 16-123) sets clear deadlines:
- If snow stops between 7:00 a.m. and 9:00 p.m., the sidewalk must be cleared within four hours.
- If snow stops between 9:00 p.m. and 7:00 a.m., it must be cleared by 11:00 a.m. the next morning.
- If ice cannot be removed, the owner must cover it with sand, salt, or another material to make it safe.
What About Apartment Buildings, Stores, and Parking Lots?
Inside and around buildings, owners and managers must keep entrances, stairs, walkways, and parking areas reasonably safe. A landlord who leaves an icy front stoop untreated, a store that lets slush pile up at the door with no mat, or a parking lot that is never salted may be responsible for injuries that follow. Snow removal contractors can also share responsibility when they do the job carelessly.
The “Storm in Progress” Rule
New York law generally does not require property owners to clear snow and ice while a storm is still going on. Their duty begins once the storm ends and they have had a reasonable time to act. That is why the details matter: when the snow stopped, when you fell, and whether the ice was left over from an earlier storm or created by melting and refreezing. Weather records can often answer these questions, and an experienced attorney knows how to get them.
Falls on City or NYCHA Property Have Short Deadlines
If you fell on property owned by the City of New York, NYCHA, or another public agency, such as a public building entrance, a subway stair, or a NYCHA walkway, you generally must file a Notice of Claim within 90 days. Claims against private property owners usually have a three-year deadline, but waiting makes it much harder to prove what the conditions were.
What to Do After a Slip and Fall on Snow or Ice
- Get medical care right away and tell the doctor exactly how you fell.
- Photograph the spot as soon as you can, before it is salted, shoveled, or melts. Include nearby buildings and street signs.
- Note the exact address, date, and time, and what the weather had been in the hours before.
- Get names and phone numbers of anyone who saw the fall.
- Report the fall to the building manager, store, or landlord and ask for a copy of any incident report.
- Keep your shoes and clothing as they were.
- Do not give a recorded statement to an insurance company before speaking with a lawyer.
Hurt in a Fall This Winter? Talk to a Bronx Lawyer.
The Law Office of Daniel Levy, LLP represents people injured in slip-and-fall accidents throughout the Bronx and New York City. We investigate who was responsible, gather the weather records and evidence, and keep you informed at every step of your case. There is no fee unless we win, and hablamos español.
Call (718) 684-2530 for a free consultation, or visit our office at 3144 East Tremont Avenue, Bronx, NY 10461.
Attorney Advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and rules depend on the facts of each case; contact an attorney about your specific situation. Prior results do not guarantee a similar outcome.