Although the calendar still says that it is Fall, it certainly feels like Winter in New York City.
Winter brings snow and ice accidents.
We have written previously about snow and ice, however, the Winter season begins with a positive ruling from New York’s highest court.
In San Marco v. Village/Town of Mount Kisco, the Court of Appeals ruled that the injured person need not prove that the Village received prior, written notice of black ice in a municipal parking lot.
Ms. San Marco slipped on black ice at the Mount Kisco parking lot on a Saturday at 8:15 am. The Village had plowed the lot, and its workers last salted the lot on Friday at 4:45 am. There were no Village workers for the weekend. The plowed snow would melt during the day and freeze-up at night and become black ice overnight. Ms. San Marco claimed that the Village was negligent in creating the condition and failing to salt prior to her fall. The lot would have been salted if she had fallen on a weekday rather than the weekend. Mount Kisco sought dismissal on the ground that its law mandates that it receive “prior written notice” of an ice condition.
The Court of Appeals ruled that Ms. San Marco could proceed with her case. There is an issue of fact as to whether Mount Kisco was negligent in failing have workers salt on the weekend. In a sense, the Village caused and created the condition. Plaintiff need not show “prior written notice” to the municipal clerk.
If you have been injured due to a fall on snow or ice, please feel free to call us for a free consultation at 800-581-1434 or write to letters@seitelman.com. As we have written repeatedly, early investigation is a key to success.
Mark E. Seitelman, 12/17/10, www.seitelman.com.
