The dangers of untreated ice that which blankets Poughkeepsie, New York
walking and driving surfaces is obvious to everyone, including those people
who might be visiting from warm weather climates. It is not feasible to
expect people to stay indoors when ice is on the ground. Society does
not expect such.
Experienced Poughkeepsie slip and fall attorneys know what society expects instead: property owners are expected to use
reasonable care over the maintenance of their property so that preventable
and foreseeable accidents do not occur.
In terms of icy walking and driving surfaces on property, property owners
and occupiers are expected to not cause or contribute to icing. Owners
also must inspect the property for icy and dangerous conditions. Having
found an icy surface that which may cause harm to visitors, property owners
must treat the icy surface so that visitors will not
slip and fall. If the danger cannot be remediated, property owners must warn of the
danger or take measures to prevent visitors from accessing the dangerous area.
If another property owner of reasonable mind would inspect the property,
than other property owners should do likewise. Failing to learn of possible
danger does not absolve the property owner of possible negligence; rather,
the irresponsible property owner will be charged with imputed knowledge
of the danger. This also known as constructive notice.
Logic follows that if a property owner is aware of an ice storm occurring
or having occurred, than he or she would be expected to check for danger
and even if he or she did not check, it could safely be assumed that a
dangerous icy condition exists. In the mind of a reasonable property owner,
this should trigger a call to action.
Now of course, we hearty Northeasterners know that storms can be long in
duration and even after a storm stops, it will take time to treat icy
surfaces. The law accounts for this by use of a doctrine called, “storm in progress”. Under this doctrine, property owners will not be held accountable
for dangers that which cause injury and were created by the ongoing storm.
Once the storm subsides, property owners are afforded a reasonable amount
of time to cure icy hazards on their property.
What is “reasonable” will be determined by the facts surrounding
the accident. In any event, an injured
slip and fall victim will surely face a defendant ready and willing to use the storm in progress
doctrine as a defense. The
experienced slip and fall attorney will be ready to counter such a defense.
Proof will be introduced that the offending property owner had notice of
the condition, that he or she failed to take proper measures, and that
such a failure caused the plaintiffs injuries.
Learn about snow and ice bringing danger to pedestrians and the type of
slip and falls in the latest article from
our office available here. Learn what happens if you slip and fall on accumulated snow inour blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.