The thaw and refreeze cycle is exactly what it sounds like it would be.
Accumulated ice and snow melts during the day when the sun is shining,
and or when the daytime temperatures rise above freezing. Even if the
day is cloudy and temperatures are below freezing, snow and ice may still
melt if a heat source is nearby, such as when the snow and ice is near
heating units, generators, sewer grates, and next to buildings that which
emit heat. Also realize that ice and snow that accumulates on roof, gutters,
and awnings can melt during the day and then run off onto adjacent stairs,
walkways, driveways and parking lots.
When temperatures at night fall below freezing and when heating sources
stop generating warmth, the water melt from snow and ice will refreeze.
This often causes what is known as black ice, but it can also produce
icy surfaces not falling under the category of black ice.
Experienced Poughkeepsie slip and fall attorneys have litigated numerous cases in which victims have fallen prey to icy
surfaces. Victims of these types of accidents have the laws of New York
on their sides. They can receive compensation for their injuries.
New York courts are amenable to
slip and fall cases through the tenets of
premises liability. Specifically, in New York property owners, property possessors, and those
charged with maintaining the property must use reasonable care so that
foreseeable and preventable harm is not brought upon visitors.
This means that the owner and or occupier must not create a hazard. It
also means that the property must be inspected for possible hazards. Any
hazard that could have and should have been found must be remediated.
If remediation is not practicable, then the owner and or occupier must
warn people of the danger. Even if the owner or occupier was not aware
of the danger, he or she can still be held liable if he or she should
have known via a reasonable inspection that a danger existed.
These rules hold true regardless of the property type. The property can
be single family residential, multi family, an apartment complex, commercial
property, and even property owned by the government.
Experienced slip and fall attorneys will know how to approach a premises liability case no matter who owes
the property. But the rules may differ depending upon the defendant, such
as when the defendant is the government.
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. Read what the law is if you slip and fall on untreated ice
in our blog post here. Read about slip and falls on black ice
in our blog post available by clicking 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.