Winter brings with it a rise in personal injury cases resulting from snow and ice. Some basic steps can help prevent the need for doctors and lawyers this holiday season.
Every winter, we at the firm see people who are injured as a result of snow and ice, whether in a ‘slip and fall’ or a motor vehicle accident. While we could discuss the law regarding a landowner’s or tenant’s obligation to make reasonable efforts to clean up snow and ice on their property, we would rather take a few minutes to discuss how we can avoid these accidents in the first place.
Fresh, fluffy white snow, especially around the holidays, can make everything look beautiful. The sun bouncing off or the evening lights twinkling against it makes everything look festive. But the reality is that snow can be dangerous. Especially after it melts and re-freezes, snow can be a menace on the roads, sidewalks, driveways, and parking lots, for both drivers and pedestrians.
Especially in our area, the weather can change from very cold to mild within just a day or two. The worst scenario is when a significant snowfall is not cleaned up and then warm weather comes, melting the piles of snow, which then refreezes and turns into ice. It becomes very hazardous for pedestrians and very difficult for homeowners to clean, especially when it’s not visible, with top snow covering the layers of ice.
The simple, obvious advice is to be equipped with shovels, sand, and the appropriate salt product (improper salt can harm the concrete, asphalt, or whatever surface it touches).
However, the best advice we could give is to clean the snow while it’s still light and fluffy, before it has chance to become wet and heavy.
Once it melts and refreezes overnight it’s too late, it’s become highly slippery and dangerous. The point is to prevent a dangerous condition rather than deal with it after the fact.
So this winter, we urge you to practice prevention. Get outside as soon after a snowfall as you can and clean up the walkways, stairs, driveway, and sidewalks on and around your property. Try and stay off the roads if you can, and let the snowplows do their job.
With a little luck and some common sense, hopefully we can all avoid an unnecessary trip to the ER this winter.
Wishing you and your loved ones safe, healthy, and happy holidays.
Partner Richard Apat is the head of VMM’s Personal Injury and Real Estate Litigation Practices. He can be reached at rapat@vmmlegal.com and 516.437.4385 x152.
