Slip & Fall on Ice/Snow Lawyer in Rochester, NY

Legal Help for Rochester Winter Injuries

Upstate winters bring heavy snowfall and freezing conditions that can make untreated sidewalks and walkways dangerous. Landowners have a legal duty to keep these areas clear of snow and ice to avoid injuring pedestrians. New York law and local Rochester City Code put numerous responsibilities on landowners for snow and ice removal. Chapter 104 of the Rochester City Code, for example, requires property owners to remove snow and ice from sidewalks within 24 hours after a snowstorm. 

Landowners who fail to meet their obligations to keep walkways free of snow and ice can be held liable for their negligence. If a property owner on Monroe Avenue neglects to salt their walkway long after snowfall, allowing ice to develop, a slip and fall accident could happen resulting in legal action.

At a minimum, landowners in Rochester should:

• Clear sidewalks and walkways within legally mandated timeframes,
• Address refreezing hazards after snow melts during the day and freezes again at night by re-clearing the area or apply ice melt products, and
• Apply de-icing materials, such as salt or sand, to reduce the risk of slips.

At Horn Wright, LLP, we’ve successfully handled countless cases where property owners failed to meet their duties to keep walkways and sidewalks clear of ice and snow, and gotten our clients the compensation they deserve for their injuries and damages.

Typical Injuries from Slip and Falls on Icy or Snowy Walkways

Falling on an icy or snowy walkway or sidewalk can cause fairly severe injuries. Injuries from falling on snow and ice can range from minor bruising to injuries requiring in-patient admission a hospital. The most frequently seen injuries in a snow or ice slip and fall case are:

• Fractures: Broken wrists, ankles, and hips are most often seen in ice and snow fall cases from victims trying to brace themselves suddenly as they’re falling.
• Head injuries: Concussions or traumatic brain injuries can result from a victim’s feet kicking out from underneath them suddenly and hitting their head on the ground.
• Disc Herniations: Falls on ice and snow can actually cause whiplash-like movements, and lead to cervical or lumbar spine damage such as disc herniations or paralysis.

The injuries caused by a slip and fall on ice and snow can be incredibly painful. Many people don’t truly realize just how injured they are until hours or days after their fall once adrenaline wears off. The attorneys at Horn Wright, LLP, understand the far-reaching effects of slip and fall injuries and work tirelessly to help our clients secure the compensation they deserve.

Proving a Slip and Fall on Ice or Snow 

To win a slip and fall case after falling on ice or snow, you need to prove the landowner was negligent. This means that you, as Plaintiff, need to show that the landowner had notice of the condition, i.e., the snow or ice, or they knew —or should have known—about the dangerous condition and failed to address it. The evidence you have available will make or break your case, so start by collecting at least the most important pieces of information.

• Photographs: Pictures are worth 1,000 words. Photos of the snowy or icy walkway can truly convey just how dangerous the condition was.
• Eyewitness testimony: A witness who either saw your fall, or was aware of the ice or snow in the area where you fell before your fall, can help support that there was a dangerous condition.
• Weather reports: Certified weather reports can help show the landowner or business had time to address the issue but failed to take action.

Imagine you had a slip and fall accident on an unsalted sidewalk near Park Avenue, causing you to fracture your right hip. If photos show the property owner had ignored several days of thawing and refreezing where they could’ve cleared that area, so it was safe, their negligence becomes blatant. At Horn Wright, LLP, we work closely with our clients to gather and present evidence that strengthens their claims.

Medical Expenses You Can Recover After a Fall on Snow or Ice

Victims of icy walkway accidents can experience sticker-shock from the unexpected medical expenses that come after getting treatment for their injuries. Being able to recover these costs from those responsible is incredibly important, or you could end up having to shoulder those costs when your insurance company doesn’t cover it. Make sure you’re aware of all the different types of medical expenses you can recover:

• ER Visits and Hospital Stays: After a slip and fall on ice, most victims will need immediate medical attention. Emergency services usually include extensive diagnostic imaging like X-rays, MRIs, or CT scans to determine just how bad the injuries are. Hospital stays for severe injuries like fractures or head trauma can quickly escalate costs, adding even more to your bottom line for financial losses.
• Surgical Procedures: Serious injuries, such as fractured wrists, hips, or ankles, might require the victim to undergo surgery. Repairing a fractured right hip might involve installing pins or plates, requiring skilled orthopedic surgeons and follow-up care. These types of procedures often involve high upfront costs and extended recovery periods.
• Rehab and Physical Therapy: For injuries that impact mobility like disc herniations and broken bones, you could be facing months of rehab. Physical therapy sessions, occupational therapy, and devices like crutches or braces are common additions in a victim’s path towards recovery. 
• Ongoing Treatment for Chronic Conditions: Some injuries lead to chronic conditions that can last years after the slip and fall. Disc herniations or disc protrusions, often seen in car accidents, can be caused by slip and fall accidents and lead to years of pain management, medication, or even additional surgeries. Chronic pain treatments, including injections or alternative therapies, are also compensable in slip-and-fall cases.

Recovery in a Slip and Fall Accident Beyond Medical Costs

After a slip and fall on ice or snow, medical bills are usually the largest financial losses an injured victim experiences. That said, as the case goes on victims can see other losses equal to or greater than medical expenses, and most don’t now they can recover these losses in a personal injury lawsuit.

• Lost Wages: Getting injured from a fall on a snowy or icy walkway can often means a person is unable to return to work. Whether it’s a few weeks off for recovery or a long-term absence due to severe injuries, victims can recover their lost income during this time. For those who do return but can’t work in the same capacity like they used to, a claim for future lost earnings or diminished earning capacity is another avenue of recovery.
• Pain and Suffering: Beyond physical injuries, slip and fall accidents on snow or ice can cause long-term pain and suffering. Judges and juries in Monroe County recognize these non-economic losses, which include the physical pain and loss of enjoyment of life. Someone who fractures their hip or leg will deal with obvious pain from the injury, but the impact on their hobbies and things they used to enjoy in life can also be reimbursed if taken from them.
• Emotional Distress: Falling on untreated snow or ice can be a traumatic experience. In addition to physical injuries, victims can go on to develop anxiety and other mental health challenges such as depression or post-traumatic stress disorder. Emotional distress damages are designed to pay victims for these psychological effects.

What Laws Govern Snow and Ice Removal in Rochester, NY?

Rochester’s snow and ice removal laws are designed to protect pedestrians. Property owners must act within 24 hours of a storm to make sure their sidewalks are in a reasonably safe condition for passersby. If a property owner fails to properly clear snow or ice it can not only result in fines, but it can expose them to civil liability if someone is later injured in a slip and fall.

During Rochester winters, many people get used to seeing snow and ice everywhere they walk. A business on East Avenue that neglects to salt its entryway can be held liable if a customer slips and falls on ice that later forms. At Horn Wright, LLP, we know these laws and hold property owners accountable to the people they’ve negligently injured.

Let Horn Wright, LLP, Maximize Your Slip and Fall Compensation

At Horn Wright, LLP, we know the full impact a slip-and-fall injury can have on your life. Our team of premises liability attorneys know how to calculate scope and extent of damages to ensure you are fully compensated. Our tailored approach involves:

• Thorough Documentation: We know how to collect detailed medical records, invoices, and expert opinions to build a complete picture of your financial losses.
• Experts: For long-term or severe injuries, we work closely with your medical providers and economists to determine the projected costs of future treatment and diminished earning capacity.
• Negotiating Aggressively: Insurance companies often try to minimize payouts by disputing claims or undervaluing damages. Horn Wright, LLP, attorneys counter these tactics with evidence-backed arguments to secure fair settlements.
• Pursuing Litigation When Necessary: If a fair settlement can’t be reached, our team is prepared to take your case to Monroe County Supreme Court.

If you’ve been injured due to a property owner’s negligence after a slip and fall on ice or snow, contact Horn Wright, LLP today.