Although it may be June, the inevitable fact is that the calendar will eventually turn to December and January, and, with it, New York will again be faced with snowy and icy weather. Along with those things will come dangerous icy sidewalks. When you are injured due to a snowy or icy sidewalk slip-and-fall, the issue of negligence may be straightforward. Someone was responsible for conducting snow and ice removal, someone allegedly did not perform the task properly, and, as a result, you slipped and fell and suffered harm. What may be more challenging, in some situations, is identifying the proper person or entity to sue. For advice and representation in undertaking all of these tasks, reach out to an experienced New York premises liability attorney about your case.
An example of all that goes into putting together a sidewalk slip-and-fall case was the lawsuit filed by Michelle, a Manhattan pedestrian. While walking along a sidewalk, Michelle slipped and fell on black ice near the corner of Second Avenue and 27th Street. The fall caused Michelle to suffer substantial injuries.
Michelle sued, asserting that negligent snow removal led to the formation of the dangerous black ice condition on the sidewalk. In Michelle’s situation, the exact location of her fall (near the corner of two streets) added an extra layer of possible complication. The building next to the sidewalk where Michelle got hurt was one with a mixture of business and residential tenants. The first-floor tenant was a major pharmacy. The pharmacy contended that the building owner was responsible for all snow and ice removal. If the pharmacy was right, the building owner would be the proper party for Michelle to sue. The owner, however, contended that it was only responsible for clearing 27th Street, while the pharmacy had the obligation to keep Second Avenue clear. If the owner was correct, the precise location of Michelle’s accident would be key to determining which entity was liable to her.