Premises Liability and Manhattan , East Side, West Side Downtown Snow and Ice Accidents

Under the principle of premises liability, a property owner or occupier has a responsibility to keep their property in a safe condition and warn visitors of potential hazards. In colder states, this concept often arises in the context of slip and fall accidents on snow or ice.  

If a property owner fails to take reasonable steps to protect visitors from hazardous conditions caused by snow or ice, they may be liable for any injuries sustained as a result. What is considered reasonable will depend on the specific situation but may include treating walkways with salt and sand or clearing ice or snow within a reasonable time.

When an injured party (the plaintiff) sues a property owner, they may seek damages for medical expenses, lost wages, and pain and suffering.

If you have suffered an injury after falling on snow or ice, call the personal injury attorneys at Edward Lemmo Esq. . We will examine the facts of your case and determine whether you have the grounds for a lawsuit. Call 6465229082 or fill out an online contact form to schedule a Free Consultation .

Who Is At Fault for Snow and Ice Accidents in New York ,?

Liability for snow and ice accidents varies between states. A property owner or occupier is not automatically liable for every slip and fall accident on their property as a result of winter weather conditions. 

Whether a property owner owes a duty of care, and to what degree, may depend on factors including:

  • the status of the injured person (were they a guest, invitee, or trespasser?)
  • the type of property
  • whether the area of the property was public or private
  • the level of control the owner has over the property

In some situations, liability for a snow and ice accident might extend to a third party, such as a company contracted to plow the snow or a property management company.

Individuals must also exercise reasonable care in icy or snowy conditions. If the injured person acted negligently in this respect, the property owner may allege contributory negligence.

The Natural Accumulation Rule

In some states, courts apply the natural accumulation rule to snow and ice accident cases. This rule says that a property owner is not liable for injuries sustained as a result of a natural build-up of snow and ice. A natural build-up occurs over time as a result of the weather. 

Where the natural accumulation rule applies, a property owner is only liable for injuries resulting from an unnatural accumulation caused by their maintenance or use of the property that they knew or should have known about. 

You Need an Experienced Premises Liability Attorney for Snow and Ice Accidents in Manhattan,  Upper East Side, Upper West Side, Upper Manhattan, Harlem, Lower East Side , Chelsea ? 



Strict time limits apply to file a personal injury claim. If you have been injured as a result of a slip or fall accident on snow or ice, you should speak to a premises liability attorney as soon as possible after seeking medical attention. 

The law around liability for snow and ice accidents can be complex and varies depending on the specific circumstances of a case. An attorney can review your case and advise you whether you have a basis for a personal injury case and the damages you may be entitled to claim. If you've been injured after a slip or fall on snow or ice, contact Edward Lemmo Esq. today to schedule a Free Consultation and learn how we can assist you in recovering.


While a slip on a banana peel is considered a classic gag in comedy, the reality is that slip-and-fall injuries are no joke. According to the Centers for Disease Control and Prevention (CDC), one-out-of-five falls cause a serious injury—such as a broken bone or a head injury.

The vast majority of fall-related injuries are to the arms or legs—often resulting in a broken bone. Almost all hip fractures occur because of a fall, and these specifically can result in serious, life-changing injuries.

Falls are also the most common cause of a traumatic brain injury, and these can be even more serious if the person is on medications such as blood thinners.

Each year, more than 800,000 patients in the U.S. are hospitalized due to a fall. In New York State, specifically, injuries sustained in falls are the leading cause of injury hospitalizations for children 0-14 and adults over 25.

The cost of falls is enormous: Each year nationally, fall-related hospitalization bills total $50 billion. Of that, $38 billion is covered by Medicare and Medicaid, but the remaining $12 billion is paid by private payers or out-of-pocket. In New York alone, fall-related hospitalizations cost $1.3 billion. 

The likelihood of a fall increases as people age, and for people over the age of 65, falls are of particular concern. In 2018, 36 million older adults reported falling—that's one out of every four older adults, at a rate of one person per second. And of the elderly who fell, 8 million of them needed medical treatment or had to limit their activity for at least one day.

While you might guess that most falls occur at night, and perhaps while people are climbing stairs, research has found that most falls occur in the daytime (when people are more active) and that falls occur on flat ground—meaning people usually tripped while walking. A quarter of falls result from a hazard in the environment, such as a slippery surface or poor lighting, and the majority of homes have at least one of these hazardous conditions.

All-in-all, a slip-and-fall is a very serious matter that can result in lifelong injury.


With a 100% success rate from 2014-2020, Ed Lemmo, Esq. is one of New York's top personal injury trial attorneys. Lemmo has a very high rating from AVVO, the prestigious attorney rating service, and he is a member of the New York State Trial Lawyers Association. Lemmo serves as trial counsel for many of New York's finest law firms, and his trial verdicts are regularly published in New York Jury Verdict and New York Jury Verdict Reporter. Lemmo practices in all five boroughs and upstate New York, with matters ranging from car accidents to medical malpractice.

If you have been injured in a slip-and-fall, call LemmoLaw today for a free consultation.