A building owner has no obligation to shovel until it stops snowing.
If you have been injured in a fall due to snow and ice, please call me at 800-581-1434.
Years ago a client called us from the emergency room. He had just fallen while walking on 57th Street while it was snowing. We were able to dispatch a paralegal to the scene. We discovered that there was no snow on the ground. Furthermore, there were snow flurries, and the snow was not sticking. Although this man sustained a serious fracture which required surgery, there was no case. In sum, there is no obligation to shovel or sand during the snow storm especially if the snow is not sticking.
After the snow stops, the building owner has the obligation to remove the snow within a reasonable time. Generally, 24 hours is measured as a reasonable time.
Things can get sticky when there are repeated snow storms. What caused the client’s fall? The old ice or the fresh ice?
Early investigation is the key to winning a snow and ice case. In one case I personally took photographs the next day as the snow was melting. The photographs made the case.
If you have been injured from a snow and ice accident, please call me at 800-581-1434.
Mark E. Seitelman, 3/2/09, www.seitelman.com.