Can a third party rely on a lease agreement between two parties to establish liability?

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1. Licensed in NY

   

   George Clarke

   Flushing Insurance Law Lawyer

   Contributor Level 4

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   Answered August 08, 2012 15:21. The lease has no effect on the liability under the law for ice removal. Statutes and common law create liability. Sometimes the city or municipality has a duty, particularly if the city has undertaken the duty before. The biggest source of liability in New York is the commencement of efforts to remove the ice that caused the accident, but doing it in a negligent way. If the ice formed naturally, and not from a broken rain spout or the tenant's hose used to clean the sidewalk, then no one might be liable if the storm (rain, snow, sleet, etc.) that caused the slippery conditions was still on-going when the injury occurred. No one has a duty to clear ice and snow from sidewalks when the storm is still on-going, or if enough time has not gone by where most reasonable premises owners or tenants would have cleaned the naturally forming ice away. Once you start cleaning then you can be liable.
   
   A lease can be relevant to notice of the duty to clear, or who purchased the liability insurance, or in a fight between the defendants, but if you can sue both landowner, city, plow company supplying the shovelers and the tenants, sue them all and let the insurance companies straighten it out. In a law suit involving premises liability usually, the more the merrier, unless it is a construction project with a dozen subcontractors.

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2. Licensed in NY

   

   Craig A. Post

   Spring Valley Slip and Fall Accident Lawyer

   Contributor Level 15

   Answered August 09, 2012 05:18. The NYC Administrative Code and case law both govern the responsibilities of property owners in snow and ice situations in the City (Sec. 16-123). As suggested by Mr. Clarke, put everyone on notice and let the insurance companies sort out the relative responsibilities.

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3. Licensed in NY

   

   Adam Scheinbach

   Bronx Slip and Fall Accident Lawyer

   Contributor Level 5

   Answered August 10, 2012 06:20. The answer is YES, the lease agreement can be used by A, to establish that B undertook the responsibility for snow/ice removal. A would be advised to include both B and C in any lawsuit for the condition of ice. The lease will be helpful in proving A's case agaainst B.

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