Injuries From Snow, Ice & Dangerous Roads in Albany

Can You Sue for Weather-Related Injuries?

Winter in Albany paints a beautiful picture, but our injury attorneys know all too well how dangerous it can be. In fact, Horn Wright, LLP, was recently recognized as one of the best law firms in America, making them a trusted choice for injury victims. 

Snow-covered streets, cozy nights, and that crisp winter air may seem magical, but let’s be real: winter here is also a nightmare when it comes to getting around safely. No matter how careful you are, one wrong step or one bad patch of ice can send you straight to the ground, or worse, to the hospital.

If you’re dealing with an injury after a fall or a car accident caused by snow or ice, you’re probably wondering: Who’s responsible? And can you sue?

When Albany Property Owners Are Legally Responsible for Storm Injuries

Property owners in Albany can’t just sit back and ignore dangerous conditions on their sidewalks or parking lots. Personal injury attorneys frequently see cases where a failure to clear ice and snow leads to serious falls and injuries. and ignore dangerous conditions on their sidewalks or parking lots. They’ve got a legal duty to keep their property safe, even when winter storms roll in. If they don’t clear the ice and snow in a reasonable time, and you get hurt? They could be on the hook for your injuries.

How Negligence in Snow Removal Can Lead to Serious Accidents

Negligence means someone didn’t take the proper steps to keep things safe. When it comes to snow and ice, that could mean:

• Not clearing sidewalks and walkways fast enough. Albany law requires property owners to shovel their sidewalks within 24 hours after snowfall stops. If they don’t, and you slip? That’s on them.
• Ignoring known icy spots. If a business owner knows their entranceway turns into an ice trap every winter but doesn’t salt or put up warnings, they’re putting people at risk. That’s negligence.
• Piling up snow in dangerous spots. Huge snowbanks at the end of driveways and crosswalks block visibility and make walking or driving more dangerous. If bad snow placement contributes to an accident, the property owner or snow removal company could be liable.

If you fall and get hurt, take photos of the icy conditions as soon as possible. That evidence can make all the difference in proving your case.

Crushed by Falling Ice? Slipped on an Icy Sidewalk? Who’s at Fault?

Sometimes, it’s not obvious who’s responsible for a winter-related accident. That’s why our experienced personal injury attorneys take a close look at all the details to determine if landlords, business owners, or even the city could be held accountable. for a winter-related accident. Here’s a breakdown of who might be on the hook:

The Role of Landlords, Business Owners, and the City in Preventing Injuries

• Landlords: If you’re renting, your landlord has to keep common areas like entryways, hallways, and sidewalks safe. If they don’t shovel or put down salt and you get hurt, they could be responsible.
• Business Owners: Stores, restaurants, and offices have to make sure their property is safe for customers. New York law gives them a little leeway during an active storm, but once the snow stops, they need to act fast.
• The City: Albany is responsible for public streets, city-owned sidewalks, and road maintenance. But here’s the catch, proving the city is liable is tough. You usually need to show they had “prior written notice” of the problem and still didn’t fix it. In some cases, complaints through the SeeClickFix app have been considered valid written notice. (timesunion.com)

Can You Sue If Albany’s Failing Infrastructure Made Your Injury Worse?

If poor road conditions, like potholes or bad drainage, made your accident worse, you might have a case against the city. But it’s not easy.

The City’s Responsibility to Maintain Safe Roads and Drainage Systems

To sue Albany for an injury caused by bad roads, you need to prove:

1. The city knew about the hazard. New York law requires “prior written notice,” which means someone has to have officially reported the issue at least 15 days before your accident.
2. They didn’t fix it in time. The city has a duty to take reasonable steps to fix hazards. If they ignore complaints and people get hurt, they could be liable. In 2023, a woman in Albany successfully sued after falling on black ice at an intersection the city had been warned about multiple times.

If you crashed because of black ice pooling in a pothole or slipped on an unmaintained city sidewalk, don’t assume you’re out of luck. There may be a legal path forward.

Insurance Companies and Weather-Related Injuries: Why It’s a Fight to Get Paid

Even if someone else is at fault for your accident, getting the compensation you deserve is another battle. Insurance companies don’t just hand out checks, they fight hard to pay as little as possible.

The Fine Print That Can Cost You Your Compensation

Insurance companies love loopholes. Some of the ways they try to dodge payouts include:

• Blaming you for the accident. They might argue that you weren’t paying attention, weren’t wearing proper footwear, or should have been more careful. Under New York’s comparative fault rule, if they convince a court you were partially at fault, your payout gets reduced.
• Denying coverage under policy exclusions. Some policies exclude “acts of nature” or limit coverage for ice-related accidents. You need to read the fine print, or better yet, have a lawyer do it for you.
• Downplaying your injuries. Insurance adjusters may try to claim you’re exaggerating or that your injuries were pre-existing. Without strong medical documentation, they might get away with it.

If the insurance company is giving you the runaround, don’t back down. A strong legal strategy can keep them from shortchanging you.

Why Suing for Weather-Related Injuries in Albany Is So Complicated

Winter accidents seem straightforward, until you try to file a claim. There are a lot of hurdles, like:

• Proving negligence. You need solid evidence that someone else’s failure to clear snow or maintain safe conditions led to your injury. Photos, witness statements, and maintenance logs can help.
• Meeting notice requirements. If you’re suing the city, prior written notice is a must. Without it, your case might not even make it to court.
• Dealing with comparative fault. If the other side can prove you were even slightly at fault, your compensation could be cut significantly. That’s why it’s so important to build a strong case from the start.

The Cold, Hard Truth: What You Need to Know

If you’ve been injured on Albany’s icy sidewalks, snowy roads, or poorly maintained public spaces, personal injury attorneys can help you fight for the compensation you deserve. You don’t have to figure this out alone. Understanding your rights and knowing who’s responsible is the first step. 

Whether you’re up against a negligent property owner, a difficult insurance company, or even the city itself, getting the right legal support can make all the difference.

Call us today for a free consultation.