Falling snow and ice are serious hazards during New York winters, especially in areas with tall buildings, apartment complexes, and commercial buildings. Property owners and managers have a legal duty to maintain premises in a reasonably safe condition, which includes taking steps to prevent hazardous conditions, such as the accumulation of dangerous ice and snow on roofs or ledges. If you’re wondering whether you can sue after being injured by falling ice, it is important that you have a clear understanding of New York’s complex laws and property owner responsibilities. Continue reading and consult with a knowledgeable Rockland County slip and fall lawyer for more information today.
What Are the Dangers of Falling Snow and Ice?
Falling ice and snow can be incredibly dangerous to passersby. Hazardous ice formations are created through a combination of snow buildup, melting and refreezing cycles, rooftop drainage issues, and structural overhangs. When snow accumulates on a roof or ledge, temperature fluctuations can cause the lower layer to melt. This water then runs off and rapidly freezes when it encounters colder air or surfaces, forming icicles or sheets of ice. Poorly maintained or blocked rooftop drainage systems contribute to this issue by causing water to pool and spill over ledges, resulting in massive ice formations. Awnings or window sills also provide surfaces for runoff to adhere to and refreeze, leading to large, unstable overhangs of ice.
The risk is significantly greater near high-rise buildings, where falling ice gains speed and force during the drop. Even a small icicle can become dangerous when falling from multiple stories. These hazards can strike pedestrians or damage property with deadly force. Common injuries include concussions, traumatic brain injuries, spinal cord injuries, broken bones, lacerations, and, in tragic cases, wrongful death. Many victims require emergency care, surgery, and long-term medical treatment.
Can I Sue if I Was Injured by Ice Falling From a Building in NY?
As established, property owners and managers have a duty to provide a reasonably safe environment for others under premises liability laws. When a failure to maintain a building results in falling ice or snow that injures a pedestrian or passerby, the injured person may have grounds for a premises liability lawsuit.
So, yes, you can sue if you were injured by ice falling from a building. However, liability depends on whether the owner knew or should have known about the hazard and failed to address it. For example, if the property owner received complaints about dangerous icicles from other people or reasonably should have expected the hazard because of weather patterns or a history of similar issues, it could be evidence enough that they were negligent.
To win your case and recover compensation, you must be able to prove that the property owner was responsible for your injury, not just that the ice fell and harmed you. For more information and to secure the help of an experienced attorney, reach out to Mitchell J. Schroeder, P.C. today.
