Unsafe Property Claims

Winter Storm Safety

Published January 22, 20255 min readBy Michael A. Licatesi

Winter storm injury claims depend on timing, control, notice, cleanup responsibilities, and whether snow or ice created a preventable hazard.

About this article

Licatesi Law Group, LLP publishes these articles to help readers understand common injury, insurance, and litigation issues in New York and New Jersey. This information is not legal advice. If you have a potential claim, speak with an attorney about the facts of your case.

Key points

What to know before you act

Winter storm injury cases usually depend on timing: when snow or ice formed, who controlled the property, what cleanup was required, and whether the owner had notice.

Start here

Photograph the ice, snow, walkway, parking lot, or stairway before it changes.
Save weather details, footwear, incident reports, and witness names.
Get medical care and document the first complaint of pain.

Winter accident proof checklist

Photos or video of snow and ice conditions
Maintenance, plowing, salting, or cleaning records
Weather reports for the location and time
Medical records and follow-up treatment

Deadline note

Snow and ice conditions can disappear within hours. Public property claims may also have short notice requirements.

When to call

A prompt review helps identify who was responsible for clearing the area.

THE DANGERS OF THE WINTER WEATHER

New York winters are notoriously cold and icy with freezing temperatures and unpredictable storms that create dangerous conditions. With the recent winter storms hitting several states and record cold temperatures the combinations of snow, ice, and reduced visibility may lead to different types of accidents occuring. Slip and fall accidents may occur due to sidewalks, staircases and parking lots with property owners neglecting their duty to clear snow and ice.

Car accidents may occur as well with icy roads, limited visibility, and distracted driving which can result in severe collisions. Falling objects like snow or ice falling from rooftops may occur and can cause serious injuries especially to pedestrians.

TIPS TO STAY SAFE

While weather can not be controlled we can take steps to reduce the risks. You can make sure to wear proper footwear like non-slip boots to maintain traction on icy surfaces. Driving cautiously is also important, reducing your speed, increasing your following distance, and avoiding sudden braking can help. Staying aware of your surroundings like watching for ice on sidewalks and snow on rooftops.

Finally, reporting hazards to property managers or local authorities if you encounter an uncleared sidewalk or other safety risk is important.

KNOW YOUR RIGHTS

Despite taking all of these precautions an accident can still occur due to the negligence of others. Property owners are legally required to clear snow and ice from sidewalks attached to their property and from their property itself. Drivers also must exercise caution and reasonable care in severe weather conditions like a winter storm. If someone's negligence leads to your injury you may have the right to seek compensation.

If you or a loved one has been injured it is important to act quickly. Evidence such as taking photos of the hazard or getting witness statements can be key to building you a solid case.

The Licatesi Law Group has extensive experience successfully handling winter-related personal injury cases. If you or a loved one has been injured due to the winter conditions, contact The Licatesi Law Group today so we can assist you with your next steps legally and your recovery.

Expanded guide

A deeper look at this claim

Winter storm injury claims depend on timing, control, notice, cleanup responsibilities, and whether snow or ice created a preventable hazard.

Winter storm records to save

Photos or video of snow, ice, stairs, walkways, parking lots, or entrances
Weather details for the location and time
Maintenance, salting, plowing, cleaning, or inspection records if available
Medical records and witness names

How winter storm injury claims are evaluated

Property owners, tenants, landlords, management companies, snow-removal contractors, stores, municipalities, and employers can all be relevant depending on where the injury happened.

The practical question is not only whether someone was hurt. A strong claim connects the unsafe act or condition to a specific legal duty, the injury that followed, and records that show the harm was not minor or unrelated.

Evidence that can make or break the case

Storm conditions can change within hours. Photos and witness information help show what the area looked like before cleanup or melting.

Useful proof is often ordinary: photos, reports, witness names, treatment records, messages, receipts, and insurance paperwork. The value comes from collecting it early, keeping it organized, and matching each record to the disputed issue.

Photos or video of snow, ice, stairs, walkways, parking lots, or entrances
Weather details for the location and time
Maintenance, salting, plowing, cleaning, or inspection records if available
Medical records and witness names

Deadlines, insurers, and next steps

Public property claims may involve short notice requirements, and private-property records can become harder to obtain if the investigation waits.

Before giving recorded statements, signing releases, or assuming the first insurance response is final, injured people should understand which claim path applies and what proof still needs to be preserved.

Frequently Asked Questions

When should I speak with a lawyer about a winter storm injury?

You should speak with a lawyer when the injury is serious, medical treatment is ongoing, fault is disputed, an insurer is asking for a statement, or a public entity, employer, contractor, landlord, medical provider, or product company may be involved.

What records matter most for a winter storm injury?

The most useful records are the ones that prove timing, notice, cause, and damages: incident reports, photos or video, witness names, medical records, bills, missed-work proof, insurance letters, and written communications with the responsible party.

Can I still have a claim if I am partly blamed?

Possibly. New York personal injury cases can involve comparative fault, which means fault may be divided between different people or companies. Clear evidence helps prevent an insurer from overstating the injured person’s share of responsibility.

Why is early investigation important?

Conditions change, cameras overwrite footage, witnesses move on, vehicles are repaired, and businesses or agencies may not keep records forever. Early investigation helps preserve proof before it disappears.

What does Licatesi Law Group review during a consultation?

The firm reviews what happened, who may be legally responsible, the available insurance or claim path, medical treatment, deadlines, and the records needed to prove the case. The goal is to identify the next practical step, not to promise a result.

Talk to a New York injury lawyer

Questions after reading this?

Licatesi Law Group, LLP offers free consultations for injury victims and families. Tell us what happened and we can explain the next legal steps.

Request a Free Consultation Call (516) 227-2662