Is my landlord liable for my injuries when I fell on the walkway that was not cleared of snow and ice

Although snow and ice cases are tough, given the fact that it wasn't cleared for two days, there may be liability on the landlord's part. You should consider bringing an action.

If you want to talk about it call me at 1.800.416.5454 ext 4417.

We can have our Albany trial attorney meet with you.

Premises liability questions basically boil down to the issue of, did the landlord (or managing agent if the landlord is not on the premises or subcontractor hired to clear the snow) have notice of the defective condition and enough time to correct it? (In your case snow and/or ice).

If the condition is created by freshly fallen snow, the responsible party has a reasonable time after the snowfall ended to clear snow. Two days is more than enough time. Did the ice form after the storm? Then when and how much time did the responsible party have to clear it? Also, if the responsible party had cleared snow but done so in a way that made the sidewalk condtion worse, there may also be liability.

Your lease gives you contractual rights so you can only be removed from the property if your violate a material lease term. While your landlord or his agent might be more motivated to remove you if you violate a material lease term, you cannot removed just because you initiated a lawsuit. Besides since you live in a big apartment building, the landlord certainly has a large general liability insurance policy that would cover your damages and attorneys' fees so nothing comes out of its pocket. (As to a lease renewal, that would be covered by local laws or the lease itself).

You have three years from the date of accident to bring a premises liability negligence suit in New York. Contact your local bar association to get a referral to a good personal injury attorney.

Its difficult to be a lawyer but the answer is maybe. I will not repeat what the others have said but suffice it to say we have handled many cases like yours. Dont kid yourself. These are not easy but they can be won. Ask the right questions before you hire any lawyer. In most of these cases you need charts and even expert weather professionals. Lawyers who have handled these cases before know what to do. If you need help please call us or follow the link below.

Snow and ice outside after a snow storm might be considered an obvious danger that your landlord can't be held liable for, particularly in the Northeast. An attorney licensed in your state can advise you of your state's law in that regard. The landlord can't evict you from your apartment solely for making an injury claim. However, if you have violated a material term of the agreement, they are free to terminate your lease at that point, regardless of whether your injury claim is still pending. You should probably review your lease before making a claim and consult with an attorney as to your potential for recovering for your injuries.