BROOKLYN, NY - Property owners and landlords in Brooklyn face legal responsibilities when winter storms create hazardous sidewalk conditions that lead to pedestrian injuries. Brooklyn personal injury attorney Alex Rybakov of Kucher Law Group (https://www.rrklawgroup.com/brooklyn-snow-ice-slip-and-fall-lawyer-landlord-shovel-duties-winter-claim-guide/) explains who may be held liable for slip-and-fall accidents on icy walkways and what injured victims need to know about their legal rights.
According to Brooklyn personal injury attorney Alex Rybakov, landlords and property owners are liable for snow and ice slip-and-fall accidents when they fail to maintain sidewalks in a reasonably safe condition. Under NYC Administrative Code § 7-210, property owners have a duty to clear snow and ice from sidewalks adjacent to their property. This law shifted liability from the City of New York to property owners for most sidewalk accidents.
Brooklyn personal injury attorney Alex Rybakov notes that the law applies to landlords of apartment buildings, commercial property owners, and owners of multi-unit residential properties. However, owner-occupied one-, two-, or three-family homes used exclusively for residential purposes are exempt from this liability. In these cases, the City of New York may bear responsibility instead.
"Landlords can still be held liable if their snow removal efforts make conditions more dangerous," explains Rybakov. "If a homeowner attempts to clear snow but improperly shovels, salts, or creates runoff that leads to ice formation, they may be found negligent."
Attorney Rybakov emphasizes that to hold a landlord or property owner liable, victims must prove the property owner knew or should have known about the icy condition and failed to act within a reasonable time. This can include actual knowledge, where someone reported the ice, or constructive notice, where the ice existed long enough that a reasonable inspection would have discovered it.
Brooklyn landlords must remove snow and ice from sidewalks within four hours after snowfall stops, according to NYC Administrative Code § 16-123. This four-hour window excludes the hours between 9:00 PM and 7:00 AM, meaning overnight snowfall gets additional time for morning clearing. The law requires the complete removal of snow and ice at least four feet wide of the sidewalk.
"Property owners cannot simply create a narrow path or leave patches of ice," notes Rybakov. "When ice is frozen so hard that removal would damage the pavement, landlords must spread sand, salt, or similar materials to provide traction."
The attorney points out that landlords who fail to comply face fines from the Department of Sanitation starting at $100 and increasing to $250 for repeated violations. More importantly, failing to clear snow and ice can establish negligence in personal injury lawsuits.
While landlords have a duty to maintain safe walkways, there are several situations under New York law where they are not legally responsible for snow-related accidents. Victims cannot sue a landlord during an active snowstorm due to the storm-in-progress doctrine, which recognizes that property owners are not expected to clear snow while precipitation is still falling. Additionally, victims cannot sue if the fall occurred before the legal snow removal deadline or if the dangerous condition was open and obvious.
Injured individuals can recover both economic and non-economic damages in Brooklyn slip-and-fall cases. Economic damages include all medical expenses related to treating injuries, from emergency room visits to surgery, physical therapy, and ongoing care. Lost wages and lost earning capacity are also recoverable.
"Non-economic damages compensate for pain and suffering, including physical pain, emotional distress, loss of enjoyment of life, and permanent scarring," adds Rybakov. "These damages vary based on injury severity, recovery time, and impact on daily activities."
Victims have three years from the date of their fall to file a slip-and-fall lawsuit against a private landlord in Brooklyn under CPLR § 214. However, claims against government entities have much shorter deadlines. If a fall occurred on property owned by the New York City Housing Authority or another municipal entity, victims must file a Notice of Claim within 90 days of the accident.
"These government deadlines are strictly enforced," Rybakov advises. "Immediate action is essential when government property is involved."
The attorney recommends that individuals seek medical attention immediately after a fall, even if they feel fine. Many slip-and-fall injuries, including concussions, internal injuries, and fractures, may not show symptoms right away. Victims should also document everything about the accident scene, take photographs of the ice or snow, report the fall to the property owner, and preserve clothing and footwear from the accident.
Slip-and-fall accidents on icy sidewalks can lead to long-term physical, emotional, and financial consequences. For those injured in snow or ice-related falls, contacting an experienced personal injury attorney can help protect legal rights and pursue appropriate compensation.
About Kucher Law Group:
Kucher Law Group is a Brooklyn-based law firm dedicated to personal injury law with extensive experience representing victims injured on icy sidewalks and poorly maintained winter walkways. Led by attorney Alex Rybakov, the firm handles complex slip-and-fall, workplace injury, and wrongful death claims throughout Brooklyn and New York City. For consultations, call (929) 563-6780.
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