NY's Road Maintenance Laws: Responsibilities After a Snowfall

For those of us who live on Long Island, winter weather is a fact of life. When the winter months come, there is a higher risk of accidents. When Long Island's roads, sidewalks, and parking lots are not cared for properly following a snowfall, drivers and pedestrians could suffer serious injuries.

There are laws in New York that give specific responsibilities to municipalities, property owners, and businesses when snow and ice begin to pile up. However, these responsibilities aren't always clear to those who live here.

Knowing who is responsible for clearing snow and ice, and when liability issues might come after the snow stops falling, is important for anyone who has been injured in a winter-related accident.

Why Snow and Ice Removal Matters in New York

When snow and ice falls, it dramatically changes the conditions on roadways, parking lots, and sidewalks. Even a small amount of snow or ice can make things dangerous. An icy sidewalk, for instance, reduces traction. Snow that isn't removed can obscure hazards like curbs. Without cleaning snow and ice in a timely manner, these conditions can quickly lead to injuries.

New York has road maintenance laws in place, and those are designed to balance the unpredictability of winter weather with public safety. Snow removal laws don't require instant snow and ice removal, though. However, snow clearing rules do require reasonable actions as the weather permits.

Municipal Responsibilities to Remove Snow and Ice from Roads and Sidewalks

State, County, and Local Roadways

The responsibility for road maintenance depends on who owns or controls the roadway. Responsible parties might include:

• New York State Department of Transportation (NYSDOT)

• County highway departments

• Towns, villages, and cities (if city property)

These governing bodies are responsible for removing the snow and ice. This might include taking time to spread salt or sand, plow and clear snow, and address areas covered in black ice.

When to Clear Snow - Timing After a Snowfall

New York typically understands that municipalities aren't required to clear roads while a storm is in progress. This is referred to as the "storm in progress" doctrine. However, when the snow ceases, these municipalities have a reasonable amount of time to make roadways safe.

What is considered “reasonable” depends on factors such as:

• The severity of the storm

• The amount of snowfall or ice

• Available resources

• The specific location and traffic volume

Neglecting snow and ice after the storm may expose a municipality to potential liability if an accident occurs.

Responsibilities for Sidewalks and Public Walkways

Local Ordinances on Sidewalk Clearing

In many areas of Long Island, property owners, including business owners, home owners, and property managers, not towns, are responsible for clearing snow and ice from adjacent sidewalks. Most local codes specify the following:

• How soon sidewalks must be cleared after snowfall (i.e. four hours after the snow)

• The width of the required cleared path (i.e. 4 feet wide)

• Penalties for noncompliance (There might be a first offense, second offense, third offense, etc)

If a property owner fails to follow these rules and someone is injured, the owner may be held legally responsible.

Municipal Sidewalk Liability

In some cases, municipalities remain responsible for sidewalks, especially in public parks, near government buildings, or in areas without specific local ordinances shifting responsibility to property owners.

Determining liability requires careful review of local laws and the specific location of the accident.

Private Property Owners and Commercial Premises

Duties of Landlords and Businesses

Landlords, shopping centers, office buildings, and other commercial property owners have a duty to maintain their premises in a reasonably safe condition. This includes:

• Parking lots

• Walkways

• Stairways

• Building entrances

After a snowfall, property owners must take timely steps to remove snow and ice or apply salt and sand to reduce hazards. For more information, this accident lawyer in Long Island may be able to help.

Snow Removal Contractors

Many property owners hire third-party snow removal companies. While this does not eliminate the owner’s duty, liability may extend to contractors if they performed negligent or incomplete work.

The Storm in Progress Doctrine

One of the most important legal concepts in New York winter injury cases is the storm in progress doctrine. Under this rule:

• Property owners and municipalities are generally not liable for accidents caused by snow or ice during an ongoing storm

• Liability may arise once the storm has ended and a reasonable time has passed

However, exceptions exist. For example, if a property owner created or worsened a hazardous condition—such as piling snow in a way that leads to refreezing—liability may still apply.

Roadway Defects and Ice Conditions

Not all winter hazards are caused solely by snowfall. Poor drainage, potholes, uneven pavement, and prior neglect can worsen icy conditions. When ice forms due to defective road design or maintenance, liability may exist even if snow removal efforts occurred.

Black ice cases are particularly complex and often hinge on whether the responsible party had notice of the condition or should have anticipated it.

Special Rules for Claims Against Municipalities

In New York, claims against municipalities involve additional legal hurdles. Injured parties must typically:

• File a Notice of Claim within 90 days of the accident

• Identify the correct municipal entity

• Prove that the municipality had notice of the hazardous condition

Failure to meet these requirements can bar an otherwise valid claim, making early legal consultation essential. They can provide insight on liability for snow on commercial properties in NY.

What to Do After a Snow-Related Accident

If you are injured due to unsafe road or sidewalk conditions after a snowfall, taking immediate steps can protect your rights:

• Seek medical attention right away

• Photograph the scene, including snow and ice conditions

• Note the time and weather conditions

• Identify who owns or controls the property

• Obtain witness information

Avoid assuming that weather alone excuses negligence. Many winter accident cases succeed because responsible parties failed to act after conditions allowed for cleanup. The Law Office of Carl Maltese knows how to gather evidence for winter weather accidents in NY.

How a Personal Injury Attorney Can Help

Winter maintenance cases often involve multiple defendants, complex regulations, and aggressive insurance defenses. An experienced Long Island personal injury attorney can:

• Determine who was responsible for snow and ice removal

• Analyze whether the storm in progress defense applies

• Preserve evidence before conditions change

• Handle strict municipal claim deadlines

• Gather witness statements

• Pursue full compensation for medical costs, lost income, and pain and suffering

New York’s road maintenance laws play a critical role in protecting public safety after winter storms. While snow and ice are unavoidable, serious injuries often occur when responsible parties fail to take reasonable action once a snowfall ends.

If you were injured on an untreated road, sidewalk, or parking area after a storm, you may have legal options, like seeking compensation for your slip and fall injury. The Law Office of Carl Maltese represents injured Long Island residents win successful claims and can help evaluate whether a failure in winter maintenance that created unsafe conditions contributed to your accident and injuries. Free consultations are available.