Winter safety and snow and ice injuries
Slipped on Snow or Ice in New York? Storm Rules, Sidewalk Duties and Your Claim
New York winters bring snow, ice and slush that make sidewalks, steps and parking lots dangerous. Simple precautions lower the risk, and when someone else's failure to clear a hazard causes a fall, timing rules decide whether a claim is possible.
By Michael A. Licatesi · Published · Updated
The short answer
- Under New York's storm-in-progress rule, a property owner generally is not responsible for snow or ice that builds up during a storm until a reasonable time after the storm ends.
- New York City's sanitation rules require the owner, tenant or occupant in charge of a property to clear the sidewalk within four hours after the snow stops falling, not counting 9 p.m. to 7 a.m. (Administrative Code 16-123). That deadline is evidence; on its own it does not decide whether anyone is liable for a fall.
- Most NYC property owners are liable for injuries caused by failing to clear the sidewalk next to their property, with an exception for certain owner-occupied one-, two- and three-family homes (Administrative Code 7-210).
- Photograph the ice and the surrounding area right away. Snow and ice conditions can change within hours.
This guide explains general rules for New York, with a short note on New Jersey. It is not legal advice about your situation.
How to stay safer in a winter storm
Weather cannot be controlled, but a few habits reduce the risk of a fall or a crash:
- Wear footwear with good traction and take shorter, flatter steps on icy surfaces.
- Watch for black ice near curbs, at building entrances, on steps and wherever melting snow refreezes.
- Look up as well as down. Snow and ice can slide off roofs, awnings and scaffolds.
- When driving, slow down, leave more following distance and avoid sudden braking.
- Report uncleared sidewalks, icy entrances and other hazards to the property manager or to 311 so they can be fixed.
Why timing matters: the storm-in-progress rule
Snow and ice cases usually start with one question: when did the fall happen compared with the storm? The Appellate Division put the rule this way in Ryan v Beacon Hill Estates Coop. (2019): a property owner will not be held responsible for accidents caused by the accumulation of snow and ice on its premises "until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards caused by the storm."
The same decision explains that a defendant seeking dismissal in a snow or ice case has to show that it neither created the icy condition nor had actual or constructive notice of it, and that one way to do so is to show a storm was in progress when the person fell. Weather records for the exact time and place are therefore some of the most important evidence in these cases.
A storm being over does not automatically make the owner liable either. The claim still has to show that the owner had a reasonable opportunity to deal with the hazard, or that it created or knew about the condition.
New York City sidewalks: the four-hour rule and owner liability
Administrative Code 16-123, part of the city's sanitation title, requires the owner, lessee, tenant, occupant or other person in charge of a building or lot next to a paved sidewalk to remove snow and ice from the sidewalk and gutter within four hours after the snow stops falling. The hours between 9 p.m. and 7 a.m. are not counted. In Queens and Staten Island, a person in charge of a frontage of 500 feet or more complies if removal begins within the four hours and is completed within a reasonable time.
That clearing deadline and a civil injury claim are different questions. Missing the deadline can be useful evidence, but it does not by itself establish liability for a fall, and meeting it does not automatically rule liability out. A lawsuit is decided under negligence principles, including the storm-in-progress rule and whether the owner created the icy condition or had actual or constructive notice of it.
Separately, Administrative Code 7-210 makes the owner of property next to a sidewalk liable for injuries caused by failing to keep it reasonably safe, which expressly includes the negligent failure to remove snow and ice. That owner liability does not apply to one-, two- or three-family homes that are at least partly owner-occupied and used only as residences.
NYC sidewalk next to a store, office or apartment building
Who may be responsible Usually the property owner, and possibly a tenant or snow contractor
Key question Had a reasonable time passed after the storm, did the owner create or know about the ice, and had the four-hour clearing window (not counting 9 p.m. to 7 a.m.) passed?
NYC sidewalk next to an owner-occupied one- to three-family home
Who may be responsible Owner liability under 7-210 does not apply the same way; the city may be involved
Key question Who had the duty for that sidewalk, and was a timely notice of claim filed if a public entity is involved?
Building entrance, steps, lobby or parking lot
Who may be responsible The owner, landlord, managing company or business in control
Key question Did the owner create the ice or know about it, and had a reasonable time passed after the storm?
Bus stop, public plaza, park or public building
Who may be responsible The city or the public agency that maintains it
Key question Which entity controls the spot, and what notice deadline applies?
Roadway or crosswalk
Who may be responsible Often a public entity; drivers must also drive safely for the conditions
Key question Was the fall or crash caused by the surface, another driver, or both?
| Where it happened | Who may be responsible | Key question |
|---|---|---|
| NYC sidewalk next to a store, office or apartment building | Usually the property owner, and possibly a tenant or snow contractor | Had a reasonable time passed after the storm, did the owner create or know about the ice, and had the four-hour clearing window (not counting 9 p.m. to 7 a.m.) passed? |
| NYC sidewalk next to an owner-occupied one- to three-family home | Owner liability under 7-210 does not apply the same way; the city may be involved | Who had the duty for that sidewalk, and was a timely notice of claim filed if a public entity is involved? |
| Building entrance, steps, lobby or parking lot | The owner, landlord, managing company or business in control | Did the owner create the ice or know about it, and had a reasonable time passed after the storm? |
| Bus stop, public plaza, park or public building | The city or the public agency that maintains it | Which entity controls the spot, and what notice deadline applies? |
| Roadway or crosswalk | Often a public entity; drivers must also drive safely for the conditions | Was the fall or crash caused by the surface, another driver, or both? |
A note for New Jersey
New Jersey adopted its own ongoing-storm rule in Pareja v. Princeton International Properties (2021). As the Supreme Court of New Jersey summarized its holding, commercial landowners do not have a duty to remove the accumulation of snow and ice until the conclusion of the storm, but unusual circumstances may create a duty earlier, such as when the owner's conduct increases the risk or the danger existed before the storm.
Step 1
Preserve the evidence before it melts
- Get medical or emergency help first. Take photos only if you can do so safely, without going back onto the ice or into traffic.
- Photograph the ice or snow, the surrounding sidewalk or steps, and any salt, sand or shoveled paths, with the time recorded.
- Note the exact location, the address of the nearest building and whether the area looked cleared or untouched.
- Write down when the snow stopped, if you know, and save weather alerts or reports for that day.
- Get names of witnesses, building staff and anyone who cleared snow, and note security cameras.
- Keep the shoes you were wearing.
Step 2
Get medical care and report the fall
See a doctor and describe exactly how you fell. Report the fall in writing to the property owner, manager or business, and keep a copy. If a public body may be responsible, act quickly: A city, county, town, village or school district generally requires a notice of claim within 90 days under General Municipal Law 50-e. A claim against New York State goes to the Court of Claims under Court of Claims Act 10, and some public authorities, such as transit or housing authorities, have their own statutes. See our guide on how to sue a city or public agency in New York.
Step 3
Expect questions about your own care
Insurers often argue that the injured person should have seen the ice or chosen another path. In New York, your own share of fault usually reduces the damages rather than ending the claim, although other defenses can still apply. Our guide to comparative negligence in New York explains how that works.
Frequently asked questions
It is harder, but it depends on the facts. Under New York's storm-in-progress rule, an owner generally is not responsible for snow and ice that accumulates during a storm until a reasonable time after it ends, and owners often raise the rule as a defense. Courts also look at whether the ice existed before the storm and whether the owner had notice of that earlier condition, or whether the owner created the hazard, so the weather timeline and the condition of the area before the storm matter.
Under Administrative Code 16-123, four hours after the snow stops falling, not counting the hours between 9 p.m. and 7 a.m. Large frontages in Queens and Staten Island comply if removal starts within four hours and is finished within a reasonable time. Whether an owner is liable for a fall is a separate negligence question.
Usually the building owner, under Administrative Code 7-210, and possibly a managing company or snow removal contractor. Our guide to negligent property management explains how responsibility is divided between owners and managers.
A city, county, town, village or school district generally requires a notice of claim within 90 days under General Municipal Law 50-e. Claims against New York State go to the Court of Claims under Court of Claims Act 10, and some public authorities have their own statutes. Bus stops, stations and parks can be controlled by different public bodies, so identify the agency that maintains the spot as early as possible.
Related guides
Sources
- NYC Administrative Code 16-123 (removal of snow, ice and dirt from sidewalks)
- NYC Administrative Code 7-210 (sidewalk maintenance liability)
- Ryan v Beacon Hill Estates Coop., Inc., 170 AD3d 1215 (2d Dept 2019)
- Pareja v. Princeton International Properties, Inc. (N.J. 2021)
- N.Y. General Municipal Law 50-e (notice of claim)
Hurt in a fall on snow or ice?
We can review the weather timeline, identify who was responsible for clearing the area and protect any notice deadline. The consultation is free.