Falling on slippery ice or slushy snow can be life altering. In one split
second you could end up with life long injuries and chronic pain. In addition,
slip and fall cases on ice can be difficult to prove.
An experienced and knowledgeable Newburgh attorney can help you navigate through the complicated legal process involved and
help you obtain necessary compensation for your injuries.
Your experienced Newburgh attorneys know that pedestrians are vulnerable to losing their footing when walking
on ice or snow. However, taking remedial measures to remove the dangerous
condition can prevent a slip and fall accident and subsequent injuries.
Unfortunately, many property owners are negligent in the maintenance of
their property and allow hazardous conditions to remain on the premises.
If you or a loved one has become the victim of a personal injury due to a
slip and fall accident on ice or snow, there are several ways of proving your case in New York.
You can prove negligence on the part of the property owner by demonstrating
that he or she created the perilous snow or ice condition. For example,
a property owner might neglect to thoroughly and properly shovel adjacent
sidewalks or walkways thus exposing the ground to accumulated snow and
ice. This creates a slipping hazard that could result inpremise liability.
Another way to prove liability is to show that the property owner had actual
knowledge of the dangerous condition but failed to take remedial measures
in a reasonable amount of time such as removing the danger, salting the
pavements, or providing adequate warning. Furnishing evidence such as
oral or written statements from a third party notifying the owner of the
condition can corroborate
your slip and fall claim.
A third way to prove liability is to demonstrate that the property owner
had constructive notice of the hazardous condition on the premises. A
person has constructive notice when they should have known about the hazardous
condition, as would another reasonably prudent property owner. Constructive
notice is imputed to landowners after a winter storm because they should
know about subsequent dangerous snow and ice accumulation.
You can strengthen your
slip and fall claim by proving that the property owner had constructive notice but failed
to remedy the condition within a reasonable time.
Gathering as much evidence as possible will bolster your case. Take photographs
of the dangerous condition that caused your injuries, obtain eyewitness
accounts of the incident, and seek medical attention. Medical records
documenting the extent of your injuries will substantiate your personal
Learn more about issues with slip and fall accidents on snow and ice in
our latest article 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.