As a result of the snow storm/blizzard on January 4, 2018, and the freezing temperatures and wind child below zero for seven days, we are reporting our snow and ice checklist of March 16, 2017.

If you are a victim and sustained physical injuries as a result of a fall on snow & ice, the following should be done:

  1. Do not move before making sure you haven’t sustained a fracture or a serious injury;
  2. While still on the ground, take out your cellphone and take photos of the snow & ice that caused you to fall;
  3. Call the police to make an official record of the fall;
  4. Call an ambulance and go to the nearest hospital emergency room to be checked out by a physician;
  5. If people come over to help, get their names, addresses and telephone numbers of all witness.
  6. Take care of your injuries. Go to an appropriate doctor;
  7. Ascertain the name and address of the property owner;
  8. If you fall in a parking lot, get the name of the shopping center, condominium association or coop owner and the managing agent;
  9. If possible, get the name of the entity responsible for plowing and snow removal. This is normally not available and your attorney will ascertain what entity that is.  Many commercial properties have a snow plower who may subcontract to another snow plower.  All snow plowers must be in the lawsuit along with the property owner and managing agent.
  10. Call an attorney who handles personal injury cases.

If the snow and ice condition is on a sidewalk and the municipality owns the sidewalk, the attorney must find out if the municipality has a statute that imposes a duty to clear snow/ice on the adjourning property owners.  If they fail to clean the snow/ice improperly and does not salt or sand the sidewalk, they will be liable to the injured party for pain and suffering and medical bills.

If you or a loved one has been injured as a result of snow and ice condition, contact the law firm of Dominick J. Robustelli & Associates, PLLC at (914) 288-0800 or on our website at White