On this episode of the Girvin & Ferlazzo Law Show, our team discusses liability issues associated with snow. ‘Tis the season for the wet, cold, and frozen weather that makes an appearance and tends to hang around for a while here in Albany.
The Girvin & Ferlazzo Law Show has been running on Talk 1300 AM, the Capital District’s talk radio, for almost 16 years! Our team comes together once a week to talk about some current legal issues we’ve heard, talk about something that may be important to you now (like the snow problems), and listen to the problems of our callers as we try and give them some advice.
Snow Can Bring Legal Questions
When you are a property owner (of a home or of a business), it is your obligation to take care of the property, including properly removing snow so that other people can stay safe.
An Overview
In New York, there is a rule known as “Storm in Progress.” This means that when snow is falling, a property owner is not expected to be outside shoveling every hour to make sure the walks are clear. The law states that all sidewalks must be cleared within 24 hours of the last flake falling.
Slip and fall injuries can be very common during and after snowstorms. It is up to the landlords, for the most part, to make sure the property is safe for walking.
Icicles pose another danger to people who live in cold climates as we do here in Albany. An icicle can fall off a house and cause a serious injury. Try to avoid that by strategically breaking icicles or preventing them from forming in dangerous places by directing the water elsewhere.
From A Caller
Ronny plows and shovels the snow off the sidewalks for a few different homes here in town. He has a great, long relationship with the landlord and has always just taken the chore under his wing as a nice gesture to his friend.
His question: Am I liable if a tenant falls and gets hurt?
You’ll have to listen to the episode to get all of the details, but in short, it is not likely that Ronny would be the one facing a lawsuit if a tenant or other person fell and slipped on one of those properties. In that situation, it is most likely the landlord who would face those claims. However, the lawyers advised that Ronny drafts a simple contract stating he is not liable for injury if an accident were to happen, given he held up his end of the bargain, and have all involved parties sign it.
Tune in to the rest of the episode to learn what our lawyers have to say about:
- Lending a snowblower to a neighbor/friend
- Donating a car
- Corrective eye surgery gone wrong
- More!