A slip and fall in White Plains NY during winter can lead to serious injuries — and someone else may be legally responsible. Winter in Westchester means icy sidewalks, snow-covered parking lots, and the question of who’s responsible when someone falls. New York law on snow and ice slip and falls has specific rules that many property owners — and many injured people — don’t fully understand. Knowing those rules before you speak with an insurance company can mean the difference between a fair recovery and nothing.
The “Reasonable Time” Rule for Snow and Ice
Property owners in New York are not automatically liable every time someone slips on ice. The law requires that the owner had actual or constructive notice of the hazard and a reasonable amount of time to address it after the storm ended. This is the key legal question: how long after the storm did the owner have to clear the hazard, and did they fail to act within that window? “Reasonable time” depends on the circumstances — a commercial property with 24/7 staff is held to a different standard than a homeowner. According to the Centers for Disease Control and Prevention, falls are the leading cause of injury among older adults.
During an Active Storm: Different Rules Apply
Under New York’s “storm in progress” doctrine, a property owner generally cannot be held liable for injuries that occur while snow or ice is actively falling. The doctrine exists because it’s unreasonable to require constant clearing during an ongoing storm. However, the storm-in-progress defense has limits: it ends when the storm ends, pre-existing ice from a prior storm is not protected, and artificial accumulations (like ice formed by a drainage defect) can still create liability.
Sidewalk Liability in New York: Who Pays?
Under NYC Administrative Code §7-210, property owners in New York City are responsible for maintaining the sidewalk in front of their property. In White Plains and other Westchester municipalities, local ordinances typically require property owners to clear sidewalks within a set number of hours after snowfall. Failure to comply creates liability for injuries on that section of sidewalk. Municipalities can also be liable for public walkways — but only with a Notice of Claim filed within 90 days.
Evidence That Wins Winter Slip and Fall Cases
Weather records showing when the storm ended versus when you fell. Photographs of the uncleared ice taken immediately after the accident (or by a family member who arrives quickly). Surveillance footage from the property or nearby businesses. Witness statements. Medical records beginning that day. Maintenance logs showing the property owner’s failure to inspect or treat. Preserving this evidence fast is critical — ice melts, snow clears, and property owners quickly fix hazards after an incident.
Talk to a Slip and Fall Attorney in White Plains, NY
At GMR Law Office, we handle winter slip and fall cases throughout White Plains and Westchester County. No fee unless we win. Call (914) 342-7004 for a free consultation. We speak English and Spanish.
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