• Owner
• Tenant
• Landlord
• Municipality

The truth is, it could be any of the above depending on the circumstances. Outside of New York City, every town and village has its own ordinance. Commercial and residential properties typically specify who is responsible in the lease agreement. For commercial properties, it is more often than not the tenant. For residential properties, it usually depends on the type of home being rented. Multi-dwelling buildings typically have provisions for the management company to clear snow from the premises, while for single-family residences the responsibility often falls to the tenant. If the occupant of a residential property is the homeowner, clearing the property is their responsibility unless they are part of a complex or homeowners’ association that contracts a third party for snow removal.

When it comes to public spaces, the City or municipality is often responsible. New York City Department of Sanitation publishes specifically related to snow removal. Crosswalks, for example, are cleared by the City, however sidewalks outside of leased or owned commercial and residential properties are the responsibility of the owner or tenant to clear, depending on the lease terms.

Regardless of who is responsible, any person who is injured due to non-compliance with snow removal regulations may make a personal injury claim, which could include more than one party, for example the management company and building owner.

If you have experienced a slip-and-fall injury during this most recent spate of bad weather, contact Langsam Law immediately. While you have three years from the date of the incident to file a claim in most cases, photos and testimony of the conditions at the time of the incident are extremely helpful to prevail in your case. If the responsible party is the City of New York or any City agency, you must file a notice of claim within 90 days.

New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

While it is important to carry ample auto insurance to cover not only you but uninsured motorists, it is also important to carry personal liability insurance. This can be part of your renters insurance, homeowners insurance, or an umbrella policy. In the event of an accident where you are found to be negligent, personal liability coverage will step in to shield the assets you have worked so hard to earn.

Personal liability insurance typically covers:

• Personal Injury
• Defense Costs��
• No-fault medical payments to others
• Property damage to others
• Damages caused to others by members of your household, like your kids
• Damages caused to others by your pets, like dog bites or destruction of property

A Cautionary Tale

Langsam Law represented a woman who slipped and fell in front of a building, however the building owner did not have insurance. A lawyer operates on behalf of their plaintiff, and as such will still proceed to recoup money for their client from the defendant’s personal assets if there is no insurance. This means if you are uninsured, you will have to pay any settlement or judgment out of your own pocket. Wages can be garnished, liens can be filed against your property, and assets can be seized.

Please call your insurance agent today to review your policies and place them on autopay so your insurance never lapses. We want your surprises in 2019 to be only the good kind!

Here are the key timeframes you need to be aware of:

• If the snow��stops falling between 7am and 4:49pm you must clear it��within 4 hours.
• If the snow��stops falling between 5pm and 8:59pm you must clear it��within 14 hours.
• If the snow��stops falling between 9pm and 6:59am you must clear it by��11am the next day.

Keep an eye out your window so you can be sure to comply! Fines range from $100-350, but liability issues can be much more expensive. Remember, if you slip or trip on a property, regardless of whether it is outside of the required snow removal window, you should contact an attorney immediately.��

1. Be Aware of Your Surroundings While you may not be to blame in a slip-and-fall accident, your best bet is to avoid injury altogether. Be on the lookout for black ice, snowbanks that have formed at crosswalks or the end of driveways, and wet floors in building entries. Carpets that have been laid down for safety can also become bunched, creating a tripping hazard.
2. Know Your Rights Building owners and municipalities carry a��responsibility for taking��reasonable precautions against slips and falls, including the placement of adequate warning signage and floor mats. Read more about their liability >>

3. Take Photos If you see a dangerous situation, take photos and mention it to the property manager. Again, the best bet is to avoid injury to you and others. However, if a slip- or trip-and-fall incident occurs, having photos of the scene will go a long way in supporting your case—or a neighbor’s. Read more about how taking photos could make your case >>

4. In the Event of Injury, Contact an Attorney Immediately The general statute of limitation for lawsuits related to trip-and-fall, slip-and-fall, and automobile accidents is three years, but there are multiple reasons why waiting that long could cost you your case! Read about them here >>��

5. Don’t Assume You Have to Deal With This On Your Own Slip- and trip-and-fall cases can cause serious injuries, and cases against negligent parties can result in significant compensation for damages. Langsam Law recently went to court for a trip-and-fall case where our client was awarded $450,000. Read about the case >>

Have you or someone you know been injured in a slip- or trip-and-fall accident? Contact Langsam Law at 212.742.2700 today for a free consultation.

Note: Prior results do not guarantee similar results.

Brooklyn Daily Eagle

In this courtroom sketch, Hon. Larry Martin listens as plaintiff’s attorney ߣ�ѿ�Ƭ (standing), of the Langsam Law firm, conducts a direct examination of the plaintiff in the premises liability trial Teresa LaBosco v. Park Central Hotel. Defendant’s attorney Kevin McGinnis, of the law firm Correia, King, Fodera, McGinnis & Liferiedge, is at right.

LaBosco, 64, was in the company of friends for a night out in March 2015 when she allegedly caught her foot on the edge of an outdoor rug in front of the entrance to the Park Central Hotel. LaBosco testified that she was bloodied and severely injured in the fall, when her front teeth were pushed back into her throat and she sustained a fractured right wrist.

Note: Prior results do not guarantee similar results.

Summertime Supervision at Camps and Resorts Camps and resorts offer a host of fun activities, but summer fun can turn hazardous when there is inadequate supervision or signage. Proprietors of camps and resorts are responsible for keeping guests, employees and volunteers safe from bodily injury or property loss that could happen on their premises. Read more >>

Motorists Are Responsible for Looking Out for Bicyclists–Even When They’re Not Driving Every year more than 15,000 people walking and biking are injured by drivers on New York City streets. We typically associate��crashes with moving vehicles, but “dooring” can be equally dangerous. In New York City and New York State, opening a vehicle door into moving traffic is a violation of the Vehicle and Traffic Law. Read more >>

Organized Events Can Be Hazardous, Whether You’re a Participant or Not Organized events cause��increased pedestrian traffic, and event coordinators need to take proper safety precautions when laying out the course to protect participants and non-participants alike. ��Read more >>

Trying Out Sports Equipment? Insist on Safety When you’re spending hundreds or even thousands of dollars on outdoor gear, for example in-line skates or bicycles, it is not uncommon to test-drive the gear before you buy it. When retailers allow customers to test equipment before purchase, they are responsible for providing safe circumstances for evaluation. Read more >>

Case Study

Langsam Law represented a woman who tripped down the stairs of her building due to a broken step, fracturing her ankle. She suffered pain and medical bills, as well as faced considerable challenges accessing her 5^th floor walkup apartment. The woman had complained about the step to her management company with no response, yet three days after the accident the step was fixed. Although Langsam Law immediately visited the building to photograph the defective step, it had already been repaired. Fortunately, our client had taken a photograph of the broken step before her accident, giving crucial evidence that led to settlement of the case.��

Note: Prior results do not guarantee similar results.��

1. Witnesses disappear.
2. Memories fade, and the details that make or break your case could be lost over time.
3. Conditions which caused the accident may change or be repaired prior to an attorney being able to inspect and photograph the condition as it existed at the time of the accident.
4. A private party has the ability to disclaim coverage from their insured if the case is not brought in a timely manner, which will make it difficult to recover damages.
5. Incidents involving municipalities have a 90-day window.

Suits against the City of New York, New York City Transit Authority (NYCTA), New York City Housing Authority (NYCHA), and other municipalities require a notice of claim to be filed within 90 days of the incident. Beyond that window, you can be barred from bringing a lawsuit—plus, the sooner you consult a lawyer, the sooner they can contact the interested parties to build a stronger case. Many attorneys will deny a case if you wait until the last minute, as their chances of recovering diminish, and compensation to both the personal injury attorney and the injured party are based on a favorable decision or settlement.

Note: Prior results do not guarantee similar results.��

Ice rinks that are in constant use, like the tourist attractions in New York City, should be regularly resurfaced with a Zamboni to make sure the ice is smooth, as skates can cause uneven surfaces in the ice that pose a danger to skaters.

The state of rental equipment is also the responsibility of the skating rink. Blades should be regularly sharpened, as dull blades can’t gain traction on ice and increase the danger of falling. Similarly, laces should be intact to keep the skates tight. It is common for skaters to run over laces with their blades, and if the laces are not inspected after each use and changed when damaged, the next renter could trip over a loose lace or not be able to properly fasten their skates.

Crowds and flow are also an important safety precaution for ice rinks. Similar to maximum occupancy numbers for businesses due to fire hazards, overcrowded rinks can be dangerous and should be monitored so that customers can skate freely without tripping over one another.

Skating injuries are another example of the concept of comparative negligence. Even if you are not a particularly adept skater, if there are other circumstances that contributed to your fall, the ice rink may be partially to blame and you can recover damages for their proportionate share of the liability.

Case Study

Langsam Law represented a woman who was badly injured at a skating rink when her ice skate got stuck in a rut, causing her to fall. We deposed an employee of the skating rink, who admitted that they were understaffed and therefore were not running the Zamboni as frequently as prescribed for safe skating conditions. After hours of continuous use, the surface became uneven and introduced a hazard that caused this client to fall. Langsam Law settled the case for medical compensation, lost time at work, and pain and suffering caused by the injury.

Note: Prior results do not guarantee similar results.��