Tuesdays with Tony: Education on slip and fall accidents
Posted December 17th, 2013 by Anthony Carbone, PC.
With the snow and ice becoming a more frequent sight nowadays, Tony wants you fully informed when it comes to slip and fall accidents:
The owner (occupant) of residential premises abutting a public sidewalk is not required to keep the sidewalk free from the natural accumulation of ice and snow. Liability is imposed if in clearing the ice and snow from the sidewalk, the owner adds a new element of danger or hazard other than that caused by the natural elements to the use of the sidewalk by a pedestrian. In other words, the law does not impose a duty on someone who is lazy and does nothing; rather it imposes liability when an owner or occupant undertakes to clear the sidewalk and does so in a manner which creates a new element of danger which increases the natural hazard already there.
Yet, this duty of care is completely different if the owner (occupant) of the premises is commercial in nature. When the property is commercial or multi-family, the law imposes upon the owner (occupant) the duty to use reasonable care to see to it that sidewalks abutting the property are reasonably safe for members of the public who are using them.
This is why it is critical that you document exactly where you fell. This is especially true when falls occur in a residential neighborhood and it is difficult to identify if the property you fell in front of is a single family or multi-family.
I have been handling slip and fall cases for 25 years. Have confidence that if we accept your case, you will win your case.