Liability for Snow on Commercial Properties in NY

Winter on Long Island means one thing - snow and ice are coming. However, once that snow and ice come down, who is responsible for removing it? Snow and ice removal is someone's responsibility, especially when someone slips and falls outside of a store, office building, restaurant, shopping center, or other commercial property.

For commercial property managers, commercial property owners, or property management companies, when slip and fall accidents happen, there are legal obligations. If those legal responsibilities aren't met, the business owner or company could be held liable.

If you were involved in a slip-and-fall accident and sustained a serious injury based on unsafe conditions outside of a commercial property, you need to know what to do. Understanding liability for snow on commercial properties in NY is the first step.

Commercial Property Owners Have a Duty to Keep Premises Reasonably Safe from Dangerous Conditions

Under New York premises liability law, commercial property owners have a duty to ensure that their property is safe. This includes safe:

• Sidewalks abutting the property (in many jurisdictions)

• Parking lots

• Walkways

• Entryways

• Loading areas

• Outdoor staircases and ramps

This is not optional, as commercial properties invite customers, vendors, and delivery workers onto their properties. In turn, they are legally expected to take reasonable care to prevent hazardous conditions -- including in the winter when snow and ice fall.

It's important to keep something in mind, though. "Reasonable" doesn't mean "prefect," and New York courts recognize that winter weather can create challenges. The real question is if the property owner failed to keep the area safe or if it fell into a reasonable time period where it wasn't expected.

The Continuing Storm Doctrine Still Applies in Slip and Fall Accidents

One of the issues that most often comes up in these cases is the continuing storm doctrine.

New York courts, including the highest court in the state, the New York Court of Appeals, has stated time and time again that property owners are generally not required to remove snow or ice accumulation from their property if the storm is actively ongoing.

This means if the snow is actively falling when an accident occurred, or there is a lull in the snow, but it hasn't yet ended, the property owner might not be liable for clearing snow and ice hazards at that moment.

That said, when the storm ends, the commercial property owner must act within a reasonable amount of time to make the property safe.

Commercial properties are often expected to respond more quickly than those who own residential properties because:

• They anticipate foot traffic.

• They operate for profit.

• They frequently have snow removal contracts in place.

What Counts as “Reasonable” Snow and Ice Removal for a Business Owner?

There is no strict rule in New York State that says snow and ice must be removed within a specific time frame. Instead, courts will look at a number of factors which might include:

• The severity of the storm

• The amount of accumulation

• The time the storm ended

• Whether the business was open to the public

• The resources available to the property owner

For instance, if a shopping center opens at 8 am, and the storm ended at 2 am, a court might say that the property owner is generally responsible because they had time to clean up before customers arrived. However, if the storm ended at 7:30 am, and the property opens at 8 am, the owner might not be held liable.

Sidewalk Liability in New York

There is also the consideration of sidewalk liability in many of these cases. On Long Island, sidewalk liability is often determined by local ordinances.

In many areas of Long Island, commercial property owners, not the town, are responsible for clearing and maintaining sidewalks adjacent to their property.

If this isn't done, it can strengthen any injury or snow and ice accident claim. If a town requires the removal of snow and ice within a certain period of time, and the business owner doesn't do that, it could be strong evidence that the owner was negligent.

There may be cases where the town, itself, is responsible, such as if the fall occurred on property owned by the town and not someone else's property. However, these cases are more complex and require more. It's recommended to speak to these accident attorneys in Long Island as soon as possible in these cases.

What the Injured Person Must Prove in a Slip-and-Fall Accident

For an injured person to hold a commercial property owner liable for snow or ice, they injured person must prove the following:

• That the property owner created the condition

• That they had notice of the condition, or

• That the condition had existed for a long enough period of time that it should have been discovered and fixed.

Some questions that a victim and their experienced attorney must answer include:

• Was the snow or ice present for hours after the storm ended?

• Did melting and refreezing create black ice days after a storm?

• Were prior complaints ignored?

Businesses are expected to keep up with these things, especially during snowy or icy conditions.

When Snow Removal Makes Things Worse

It's also possible for commercial property owners to create liability for themselves by attempting snow removal, but doing it in the wrong way. Here are some examples:

• Plowing snow into piles that melt and refreeze across walkways

• Failing to salt high-traffic areas

• Leaving icy ridges or uneven surfaces

• Blocking drainage areas, causing water to freeze

Once a business starts snow removal, it must do so in a safe manner. Being negligent here can cause a property owner to be found liable, even if they attempted to remove snow and ice.

Parking Lots Are a Frequent Source of Claims

On Long Island, many people get broken bones or head injuries by slipping in parking lots - not on sidewalks.

Parking lots are treated a bit differently because:

• It's a large surface area that might be difficult to treat quickly

• There are often drainage issues

• Vehicles compact the snow and ice

• There is often poor lighting

Though all of this exists, commercial property owners are still required to address the risks with reasonable snow and ice removal practices. Courts will look at whether or not the business had a plan in place for plowing, salting, and inspection. Not having this plan, or following it, could make them liable in a slip-and-fall case.

Comparative Negligence in New York

New York State follows a pure comparative negligence rule. This means that even if an injured person was partially at fault, they can still get damages...however, the award will be reduced.

For instance, an attorney for a business owner might argue that the victim wasn't paying attention, that the snow was open and obvious, or that they didn't have proper footwear on for the conditions that were present.

Keep in mind that snow removal practices and conditions don't automatically eliminate their liability. Businesses still have a duty to ensure their properties are reasonably safe.

Snow Removal Contractors and Shared Liability

Many commercial property owners hire third-party snow removal companies.

In those situations:

• The property owner may still retain ultimate responsibility.

• The contractor may share liability if negligent.

Liability can become complex when multiple parties are involved. Contracts between businesses and snow removal companies often determine who assumed responsibility for inspection, plowing schedules, and salting procedures.

These agreements are frequently scrutinized in litigation.

Evidence Is Critical in Commercial Snow Cases

Snow and ice disappear quickly. That makes early investigation extremely important.

Key evidence may include:

• Surveillance footage

• Incident reports

• Weather records

• Snow removal contracts

• Plowing and salting logs

• Witness statements

On Long Island, where winter storms can shift rapidly due to coastal weather patterns, timing can make or break a case.

Waiting too long to investigate can result in lost evidence.

Common Defense Strategies Used by Businesses

Commercial property owners and their insurers often argue:

• The storm was still ongoing.

• There was insufficient time to remediate.

• The condition was trivial.

• The plaintiff cannot prove how long the ice existed.

• The snow removal contractor — not the property owner — is responsible.

Each of these defenses requires factual analysis and often expert review of meteorological data.

Damages in Commercial Snow Injury Cases

If liability is established, compensation may include:

• Medical expenses and medical bills

• Lost wages and lost income

• Future medical care

• Pain and suffering

• Rehabilitation costs

Severe falls can result in fractures, spinal injuries, traumatic brain injuries, and long-term mobility issues — particularly in older adults.

These cases are rarely minor.

How the Law Office of Carl Maltese Assists Long Island Injury Victims

The first thing victims should do after a slip-and-fall in snow and ice is to seek medical attention immediately. The next thing is to reach out to an attorney for a free consultation. They can advise on common injuries from winter accidents.

Snow-related injury claims can be very detailed and they must be handled by an experience lawyer. It's important to look at things like timing, maintenance practices, local laws, and contracts the business might have with other companies. They will be able to give insight on NY's road maintenance laws: responsibilities after a snowfall as well.

The Law Office of Carl Maltese can help by:

• Investigating weather data and storm timelines

• Securing maintenance and plowing records

• Reviewing surveillance footage

• Identifying all potentially responsible parties

• Navigating complex insurance defenses

Commercial property owners have legal responsibilities during winter months. When those responsibilities are ignored — and someone is seriously injured as a result — accountability matters.

If you were injured on snow or ice outside a business on Long Island, understanding how liability works is the first step in determining whether you have a viable claim.