Page 2 - Litigation

S2 | MONDAY, DECEMBER 12, 2016 | Litigation
| NYLJ.COM
Snow and Ice Liability:
A Property Owner’s Guide
BY ELLEN GREIPER, MARVIN N. ROMERO
AND STEFAN A. BOROVINA
The snow and ice conditions that are part and parcel of any New York win- ter often come with an increase in slip and fall accidents. For property owners, ‘tis the season—to balance running their busi- nesses with the real challenges of keeping their premises safe.
This article will outline and discuss the gen- eral principles of liability relating to snow and ice conditions that can develop for property owners. It will also discuss some of the more common defenses that can relieve a retail owner of liability. Its ultimate goal, however, is not to teach retailers how to shirk liability for accidents that occur on their property. Instead, by understanding how liability for snow and ice works, property owners can take a more proactive approach to keeping their property clear of potentially dangerous conditions and hopefully minimize the number of accidents. By knowing what they are responsible for—and when they are responsible for it—property owners will be in a better position to reduce their liability should they face legal action for a snow- or ice-related accident on their property.
Timing of a Personal Injury Lawsuit
One of the rst questions a property owner asks when served with a lawsuit is, “This acci- dent allegedly occurred years ago, so why I am being sued now?” It is important to note that depending on your particular state’s stat- ute of limitations, a potential plaintiff may have a number of years from the date of the accident to commence a lawsuit. Property owners should become familiar with their particular state’s statute of limitations and use it as a guide to determine how long evi- dence such as incident reports, photographs, or videos should be maintained.
Responsibilities of the Retail Owner
A retail owner’s responsibility for snow and ice on their property is gov- » Page S14
ELLEN GREIPER is a partner, and MARVIN N. ROMERO and STEFAN A. BOROVINA are associates, at Goldberg Segalla.
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