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Court Discussed Premises Liability in Slip and Fall Case

Situations that involve ice and snow are expectations for life in New York. Slip and fallaccidents are common place. In order for a person to receive compensation for a personal injury due to a slip and fall accident that is the result of ice and snow, there are several requirements that must be met. These requirements are laid out to protect innocent property owners from frivolous civil suits. However, when a person has accepted the responsibility to remove snow and ice as a requirement of a lease, then liability may be associated. Without this type of attachment, a person must show that the owner or manager of the property must demonstrate some type of negligence associated with the accident. In order to show negligence, the person who is filing the petition for the legal action must show that the property owner or manager had notice of the condition that poses the hazard. They must also show that the property owner or manager refused either through intent or neglect to take action to correct the problem.

A New York Injury Lawyer said that discussed one situation that happened on December 12, 2005, a man left his job at 5:30 p.m. to go home on the subway. On his way to the subway, he crossed over an automobile service station’s driveway. As he was walking over the driveway, he stepped on a large patch of ice that completely covered the width of the driveway. He was injured and filed suit against the property owner and the person who leased the property for his business. During the suit, the property owner filed a petition for summary judgment asking to be removed from the suit based on a contractual agreement with the man who leased the property. The agreement was a written contract that clearly stated that the tenant would be responsible for all snow and ice removal on the property during the term of his lease.

The Supreme Court granted the summary judgment in favor of the property owner based on the contractual agreement that freed him from any liability associated with ice or snow on the property. The tenant then produced documentation demonstrating that he and his employees had removed any snow or ice that was on the property some three days prior to the accident. The petitioner brought forth meteorological reports showing that snow and ice had fallen for some time three days prior to his accident. A Long Island Personal Injury Lawyer said that there was ample opportunity for the tenant to be made aware of the ice sheet that was some three inches thick at the time of the accident. Since there was very little chance that in that time, the tenant had not been notified of the sheet of ice, the petitioner claims that his lack of action was negligent because it was only a matter of time before someone was injured in that area.

The tenant stated that because that area was part of the sidewalk crossing, that he would not consider himself responsible for clearing it. He maintains that the area should be cleared by the state of New York and not by either his employees or him. The Supreme Court reviewed the documents that removed the property owner from liability and it was defined in the contract that the tenant would ensure the safety of the entire area from ice and snow. A Manhattan Injury Lawyer said the Supreme Court determined that there was a triable issue of fact that should be heard. Mediation was already scheduled to hear each side’s arguments. The court determined that the case needed to move on to mediation where it concerned the tenant and the petitioner.

All slip and fall cases that are related to ice and snow require legal review. Stephen Bilkis & Associates, Queens personal injury attorneys can help you handle any case involving an injury to your person. We are located in convenient offices throughout New York and the Metropolitan area. Queens personal injury lawyers can help you when you are in need of advice.

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