A single patch of ice on an unshoveled sidewalk can lead to broken bones, head injuries, and months of lost wages. The financial toll of a snow-related slip and fall in New York adds up fast, and insurance companies are not eager to pay what your claim is worth. New York law places the responsibility for sidewalk snow removal squarely on property owners, and when they ignore that duty, injured pedestrians have the right to seek compensation. A New York premises liability attorney at Bornstein & Emanuel, P.C. can fight to protect your rights and pursue the full recovery you deserve.
Who Is Responsible for Clearing Snow in New York?
Every owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground in New York City that abuts a paved sidewalk must remove snow and ice from the sidewalk and gutter within four hours after the snow stops falling.
The hours between 9 p.m. and 7 a.m. are not included in that four-hour window, which means if a storm ends overnight, the clock does not start until 7 a.m. the next morning.
The specific timeframes break down as follows:
- If snowfall ends between 7:00 a.m. and 4:59 p.m., the sidewalk must be cleared within four hours
- If snowfall ends between 5:00 p.m. and 8:59 p.m., it must be cleared within 14 hours
- If snowfall ends between 9:00 p.m. and 6:59 a.m., the sidewalk must be cleared by 11:00 a.m. the next day.
These deadlines apply to residential, commercial, and mixed-use properties throughout all five boroughs.
If snow or ice has frozen so hard that it cannot be removed without damaging the pavement, the property owner must spread ashes, sand, sawdust, or a similar material on the sidewalk within the same timeframe and then thoroughly clean the sidewalk as soon as the weather permits.
Property owners are also required to clear a path at least four feet wide, and snow and ice must be removed from around fire hydrants and sidewalk curb cuts and ramps.
What Happens When Property Owners Fail to Comply?
Fines for violating the snow removal law increase with repeat offenses. A first violation carries a fine ranging from $10 to $150. A second violation within 12 months ranges from $150 to $250, and a third or subsequent violation within 12 months ranges from $250 to $350.
The Department of Sanitation inspectors issue violations that are adjudicated by the NYC Office of Administrative Trials and Hearings (OATH), which imposes civil penalties escalating for repeated offenses.
However, the greater risk for property owners is civil liability. Under NYC Administrative Code Section 7-210, the owner of real property abutting any sidewalk is liable for personal injury proximately caused by the failure to maintain that sidewalk in a reasonably safe condition, including the negligent failure to remove snow, ice, dirt, or other material from the sidewalk.
This rule does not apply to one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. For those exempt properties, the city may retain liability under certain circumstances.
New York also follows the “storm in progress” rule, which means a property owner generally cannot be held liable for icy conditions while precipitation is still actively falling. Once the storm stops, however, property owners must act promptly, and courts examine whether defendants had a reasonable opportunity to address the hazardous conditions.
What Should You Do After a Slip and Fall on Snow or Ice?
If you are injured in a slip and fall on an icy or snow-covered surface, the steps you take in the hours and days after the accident can directly affect your ability to recover compensation. Taking the following actions can help protect both your health and your legal rights:
- Seek medical attention right away. Some injuries, such as concussions and soft tissue damage, may not show symptoms immediately. A medical record created soon after the fall links your injuries directly to the incident.
- Document the scene. Use your phone to photograph the icy or snowy area where you fell, including any building numbers, street signs, or other landmarks that identify the location.
- Gather witness information. If anyone saw the fall or noticed the condition of the sidewalk beforehand, get their names and contact details. Witness testimony can strengthen your claim.
- Report the incident. Notify the property owner or building manager in writing. If the fall occurred on city-owned property, you may need to file a notice of claim within 90 days.
Acting quickly matters for another reason as well. For slip and fall claims against private property owners in New York, the statute of limitations is three years from the date of the accident. However, if the fall occurred on city-owned or municipal property, you generally have only one year and 90 days from the date of the accident to file suit, in addition to a separate 90-day deadline to file the required notice of claim
Evidence in snow and ice cases tends to disappear fast. Snow melts, conditions change, and surveillance footage gets overwritten. The sooner you consult an attorney, the stronger your case will be.
How Comparative Negligence Affects Your Claim
New York reduces recoverable damages in proportion to the injured person’s own culpable conduct. The rule comes from CPLR Section 1411, often described as New York’s pure comparative negligence statute.
This means that even if you were partially at fault for the accident, such as wearing inappropriate footwear or looking at your phone while walking, you can still recover compensation. However, your settlement will be reduced proportionally to your degree of fault. For example, if your case is worth $100,000 and you are found 50% responsible, you would collect $50,000.
Insurance companies routinely use comparative negligence to argue that injured pedestrians should have been more careful. That argument does not eliminate your claim under New York law, but it does make experienced legal representation critical. An attorney who understands how fault is allocated in winter slip and fall cases can counter these tactics and work to protect the full value of your claim.
Injured on an Icy Sidewalk in New York? We Are Here to Help.
At Bornstein & Emanuel, P.C., we have been fighting for injury victims across Nassau County, Queens, Brooklyn, Manhattan, and Long Island for more than 30 years. If a property owner’s failure to clear snow or ice caused your fall, we will investigate the circumstances, identify every liable party, and pursue the compensation you deserve.
Contact our Garden City office today for a free consultation to discuss your case with an experienced attorney.
