Slipped on Snow or Ice in NYC? Your Sidewalk Fall Claim Guide
Last reviewed: October 2026, ahead of the winter season. Laws change, so confirm current details with an attorney.
Winter falls on icy New York City sidewalks cause broken wrists, hips, ankles, and head injuries. Who is responsible depends on the type of property, the timing of the storm, and whether the City or a private owner controlled the sidewalk.
Quick answers
- Deadline to sue a private owner: Generally 3 years from the fall (CPLR 214).
- Claims involving the City: A notice of claim is generally required within 90 days (General Municipal Law 50-e), and the City is typically liable for a sidewalk defect only if it received prior written notice.
- Who clears sidewalks: In most cases, the abutting property owner or the person in control of the property.
- Do not wait: Ice melts, snow gets cleared, and surveillance video is overwritten.
NYC snow removal rules
Under the NYC Administrative Code (16-123), owners and occupants must clear snow and ice from the sidewalk within these time frames, as published by the City:
| When snow stops falling | Sidewalk must be cleared by |
| Between 7 a.m. and 4:30 p.m. | Within 4 hours |
| Between 4:30 p.m. and 9 p.m. | 11 a.m. the next day |
| Between 9 p.m. and 7 a.m. | 11 a.m. |
Confirm the current text of the rule for the date of your fall.
Who can be liable
- Commercial buildings and larger residential buildings: Under Administrative Code 7-210, the owner is responsible for sidewalk maintenance and can be liable for injuries caused by snow or ice they failed to address.
- One-, two-, and three-family homes: Owners whose property is owner-occupied and used exclusively for residential purposes are generally exempt from 7-210 liability, though other legal theories may apply.
- Tenants, managers, and contractors: A lease, management agreement, or snow removal contract can make someone other than the owner responsible. Plow and shoveling contractors can be liable if they created or worsened a hazard.
- The City: For City-owned property and areas the City controls, special notice and prior-written-notice rules apply.
The “storm in progress” defense
Property owners are generally not required to clear snow while a storm is still falling, and they get a reasonable time after it ends. Insurers often argue this defense. It does not protect an owner who created a hazard, such as piling snow that melts and refreezes on the walkway, or who ignored a long-standing icy condition. Your lawyer will examine weather records to establish the timeline.
What to do after a fall
- Get medical care and tell the provider exactly how you were hurt.
- Photograph the exact spot, the ice or snow, nearby cleared areas, your footwear, and surroundings. Record the address, date, and time.
- Identify the property: building name, storefront, and nearby signs.
- Get witness names and contact details.
- Report the fall to the building manager or business and ask for a copy of any incident report.
- Keep your shoes and clothing in their post-fall condition.
- Request that the owner preserve surveillance video as soon as possible.
- Avoid giving a recorded statement to an insurer before getting legal advice.
What you have to prove
You generally need to show that the owner or responsible party created the dangerous condition or had notice of it (actual or constructive), and had a reasonable opportunity to fix it. Evidence that helps includes:
- Weather data showing when the storm ended
- Photos and video of the hazard
- Maintenance, shoveling, and salting logs
- Prior complaints or 311 reports
- Contractor agreements
New York follows pure comparative negligence (CPLR 1411). If you share some of the fault, your recovery is reduced by your percentage, but you can still recover.
Damages you may recover
- Medical expenses and future treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Out-of-pocket costs
Common mistakes
- Assuming a property owner is exempt without checking the building type
- Missing the 90-day notice-of-claim deadline in City cases
- Waiting until the ice or snow conditions are gone before gathering evidence
- Settling with an insurer before knowing the full extent of your injuries
Frequently asked questions
I fell on a sidewalk outside a store. Can I sue the store? Possibly. The owner of the building, and in some cases the tenant, may be responsible.
I fell during a storm. Do I have a claim? Possibly. The facts about timing and whether the hazard pre-dated the storm matter.
I fell outside my landlord’s building. Who is responsible? The landlord or building owner is often responsible for common areas and adjoining sidewalks.
Does my own homeowner’s or renter’s insurance matter? It may cover medical payments if the fall happened on your own property.
Talk to Liakas Law
Free consultation. If you were injured in a snow or ice fall in New York City, contact Liakas Law at liakaslaw.com for a free, no-obligation case review.
Attorney Advertising. Prior results do not guarantee a similar outcome. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship.
