Do I Have A Personal Injury Case if I Fall Because of Snow and Ice?

acceladmin   November 7, 2016   Comments Off on Do I Have A Personal Injury Case if I Fall Because of Snow and Ice?

Accidents that occur because of snow and ice on the ground can be very serious. They can have very serious injuries and they are also quite complicated cases in looking at how the accident occurred and whether someone is responsible. If you’re walking on a sidewalk and it’s snowing or freezing rain is coming down outside and you’re injured, probably you’re not going to have a case because there is something called a storm in progress defense. There is no obligation of the landowner to make the land safe while the storm is in progress.

However, if the storm is finished and it is a reasonable time after the storm and they have not cleared the area or they cleared the area and they did it in an improper way that creates a dangerous condition that you slip on. In that case, you very well may have a case. To make these determinations, if we have photographs of what the area looked like at the time, that’s great and can have a great impact on a case. If not, we will gather meteorological records that show where the precipitation fell, what the high and the low temperatures points were, and we get a meteorological expert involved and they can give us an overview of the prevailing weather conditions. That will be a big step towards determining whether or not you will have a valid case for a snow and ice claim.

If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.