Snow and ice can make New York City sidewalks dangerous, especially when property owners fail to clear them after a winter storm. If you slip and fall on an icy sidewalk, you may wonder whether the property owner had enough time to remove the snow and whether they can be held responsible for your injuries.
NYC has specific snow removal laws that require property owners to clear sidewalks within certain deadlines. These rules depend on when snowfall ends, and failing to follow them may contribute to a personal injury claim.
NYC Snow Removal Laws and Deadlines
Under NYC Administrative Code Section 16-123, property owners and other responsible parties must remove snow and ice from sidewalks next to their buildings. These rules apply throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
NYC’s Snow Removal Time Limits
The NYC Department of Sanitation establishes the following deadlines:
| When Snowfall Stops | Snow Removal Deadline |
|---|---|
| 7:00 a.m. to 4:59 p.m. | Within 4 hours |
| 5:00 p.m. to 8:59 p.m. | Within 14 hours |
| 9:00 p.m. to 6:59 a.m. | By 11:00 a.m. |
For example, if snowfall ends at 1:00 p.m., the sidewalk must generally be cleared by 5:00 p.m. If snow stops at 8:00 p.m., the deadline is 10:00 a.m. the following morning.
Sidewalk Clearing Requirements and Fines
Property owners must generally clear a walkway at least four feet wide. They must also keep pedestrian ramps and crosswalks accessible and avoid pushing snow into the street.
When ice cannot be safely removed, salt, sand, or another suitable material should be used to reduce slipping hazards.
Failure to follow these requirements can result in sanitation fines of $100 for a first violation, $150 for a second, and $250 for subsequent violations.
The Storm in Progress Doctrine in New York
New York’s storm in progress doctrine generally protects property owners from liability for newly accumulated snow and ice while a storm is ongoing. They are usually allowed a reasonable amount of time after the storm ends to address dangerous conditions.
However, this protection is not absolute. A property owner may still be responsible if their snow removal efforts create a hazard or if dangerous ice existed before the current storm.
Negligent Snow Removal and Preexisting Ice
Improper shoveling can make sidewalks more dangerous. For example, snow piled near a walkway may melt during the day and refreeze overnight, creating slippery patches.
Other dangerous conditions include uneven snow removal, blocked walkways, and ice caused by poor drainage.
If ice remained from an earlier storm, the property owner may have had time to discover and address it. Weather records and photographs can help establish when the condition developed.
Who Is Responsible for Icy Sidewalk Accidents in NYC?
Under NYC Administrative Code Section 7-210, owners of adjoining properties generally must maintain public sidewalks in reasonably safe condition. However, not every snow removal violation automatically creates liability for an injury.
Certain owner-occupied one-, two-, and three-family residential properties are exempt from this section’s general liability rule. Commercial properties, apartment buildings, and mixed-use buildings typically have different responsibilities.
Property managers, tenants, and snow removal contractors may also play a role in maintaining sidewalks.
Accident Location and Property Owner Liability
Where the accident occurred can affect who is responsible. Public sidewalks, building entrances, parking lots, steps, and apartment lobbies may involve different maintenance duties.
Accidents on subway property, NYCHA developments, or other government-controlled locations may also involve special legal rules and shorter filing deadlines.
Proving Negligence After a Snow and Ice Fall
To establish liability, an injured person generally must show that the responsible party knew or should have known about the dangerous condition and failed to address it within a reasonable time.
Actual notice means the property owner knew about the hazard. Constructive notice means the condition was visible and existed long enough that the owner reasonably should have discovered it.
Evidence That Can Support Your Claim
Useful evidence after a snow or ice accident includes:
- Photographs of the sidewalk and ice.
- Weather records showing snowfall and temperatures.
- Surveillance footage and witness statements.
- NYC 311 complaints and maintenance records.
- Medical records documenting your injuries.
Black ice can be particularly difficult to document because it is often nearly invisible. Evidence of melting snow, drainage problems, and freezing temperatures may help explain how the ice formed.
Injuries and Compensation After an Icy Sidewalk Fall
Snow and ice accidents can cause broken bones, hip fractures, torn ligaments, back injuries, and traumatic brain injuries. Some injuries require surgery, physical therapy, or extended time away from work.
If negligence caused the accident, compensation may be available for medical expenses, lost wages, future treatment, and pain and suffering.
New York follows a pure comparative negligence rule under CPLR Section 1411. If you share responsibility for the accident, your compensation may be reduced by your percentage of fault rather than eliminated entirely.
Steps to Take After a Snow or Ice Slip and Fall
Taking action quickly can help protect your health and preserve evidence. After an accident:
- Seek medical attention and follow treatment recommendations.
- Photograph the icy area before conditions change.
- Record the exact accident location, time, and weather.
- Collect witness information and report the incident.
- Preserve your shoes and request available surveillance footage.
- Speak with a personal injury attorney about your options.
Many New York personal injury lawsuits have a three-year filing deadline. However, claims involving NYC or certain public authorities may require a Notice of Claim within 90 days and have shorter lawsuit deadlines.
Frequently Asked Questions About NYC Snow Removal Laws
Can I Sue a Property Owner for Not Shoveling Snow?
You may have a personal injury claim if a property owner’s negligence caused your slip and fall injuries. However, missing a snow removal deadline does not automatically establish liability. You must generally show that the responsible party failed to use reasonable care and that the failure caused your injuries.
Are Property Owners Responsible for Snow Removal During a Storm?
Property owners generally are not required to remove newly accumulated snow and ice while a storm is ongoing. The storm in progress doctrine allows a reasonable period after snowfall ends for cleanup. However, liability may still arise from negligent snow removal or dangerous ice that existed before the storm.
Who Is Responsible for Clearing Snow Outside an Apartment Building?
The building owner generally has responsibility for maintaining the adjoining public sidewalk, although property managers, tenants, or contractors may perform the work. Liability depends on the property type, maintenance arrangements, and circumstances of the accident. Some residential properties qualify for exceptions under NYC sidewalk liability laws.
Speak With Poltielov Law Firm About Your Snow and Ice Injury
If you were injured after slipping on snow or ice in NYC, Poltielov Law Firm can help you understand your legal options. Our team can review the circumstances of your accident, investigate possible negligence, and explain whether you may be entitled to compensation. Call 718-880-2911 for a free consultation to discuss your situation and learn more about your rights.