Why You Should Retain an Attorney After a Slip and Fall on Ice in Westchester County, NY
Jan. 7, 2026
Winter in Westchester County can be beautiful — but icy conditions bring real hazards, especially in Ossining, Briarcliff Manor, White Plains, Mt. Kisco, and Yonkers. A slip and fall on ice might seem minor at first, but the injuries, medical bills, lost wages, and insurance challenges that follow can quickly become overwhelming.
If you’ve recently been injured in one of these communities or anywhere in New York, retaining an experienced attorney isn’t just a smart choice — it can make all the difference in protecting your rights and getting the compensation you deserve.
Understanding Slip and Fall Claims in New York
In New York State, slip and fall claims — also known as premises liability claims — involve situations where someone is injured due to dangerous conditions on someone else’s property. Ice, snow, and slippery walkways are common hazards, but establishing liability for an icy fall isn’t automatic.
To hold a property owner responsible, you generally must show that:
The property owner had a duty to keep the premises safe;
They failed in that duty by allowing hazardous ice or snow conditions to exist;
This failure directly caused your injury; and
You suffered actual harm or damages.
Local ordinances in Ossining, Briarcliff Manor, White Plains, Mt. Kisco, and Yonkers also place specific responsibilities on property owners — whether it’s clearing sidewalks, maintaining walkways, or providing adequate warnings of dangerous conditions.
Navigating these laws without legal guidance can be confusing, especially when insurance companies are eager to minimize what they pay.
How You Prove Negligence Specifically for Icy Conditions in New York
To prove negligence for an icy condition on one’s property, the plaintiff must show one of three things:
A. The Owner Created the Icy Condition
Examples:
Improper snow removal that left ridges or piles that refroze
Draining water onto walkways that froze
Defective gutters or downspouts
👉 If the owner created the ice, notice is NOT required.
B. The Owner Had Actual Notice of the Ice
Actual notice means they knew about it before the accident.
Examples:
Complaints from tenants
Prior falls
Maintenance logs
Admissions by staff
Testimony that the ice was observed earlier
You must show:
The owner knew about the ice
Had enough time to fix it
Failed to do so
C. The Owner Had Constructive Notice (Most Common)
Constructive notice means the ice was present long enough that the owner should have known.
You must show:
The ice was visible and apparent
It existed for a sufficient length of time before the accident
Evidence includes:
Weather records
Photos showing thick or dirty ice
Witness testimony
Surveillance footage
Lack of recent inspections
❗ Speculation is not enough — NY courts are strict about this.
The “Storm in Progress” Defense (Critical in NY)
Property owners are not required to remove snow or ice while a storm is ongoing or within a reasonable time after it ends.
To defeat this defense, the plaintiff must show:
The storm had ended
A reasonable time had passed
The ice was not just storm-related, OR
The owner made the condition worse through negligent removal
Weather data is often decisive here.
Causation: Connecting Ice to the Injury
The plaintiff must prove:
They slipped on the ice
The ice caused the fall
The fall caused the injuries
Helpful evidence:
Immediate statements
EMS or ER records noting ice
Photographs taken right after the fall
Damages
You must prove real harm:
Medical records
Lost wages
Pain and suffering
Future treatment (if applicable)
Common Evidence Used to Prove Negligence
✔ Photos of the ice
✔ Weather reports
✔ Maintenance and snow-removal logs
✔ Deposition testimony
✔ Prior complaints
✔ Expert opinions (meteorologists, engineers)
Who Is Liable in NY?
Potential defendants include:
Property owner
Managing agent
Commercial tenant
Snow removal contractor (if negligent)
More than one party can be liable.
Why These Cases Often Fail
NY courts frequently dismiss icy-condition cases because:
No proof of notice
Storm in progress defense succeeds
Plaintiff can’t say how long the ice existed
Ice was “invisible” black ice without proof of creation
Practical Takeaway
To prove a NY property owner is negligent for ice, you must pin down one of these:
They created the ice
They knew about it and ignored it
It existed long enough that they should have known
…and defeat the storm-in-progress defense with solid evidence.
Why You Should Hire an Attorney
Insurance Companies Don’t Always Have Your Best Interests at Heart
After a slip and fall, the first call many people get is from an insurance adjuster representing the property owner. They may offer a quick settlement — but often, that early number barely scratches the surface of your real losses.
A knowledgeable attorney advocates for your best interests, not the insurer’s.
Proving Fault Can Be Complicated
Ice and snow are natural elements — and in New York, a property owner isn’t always automatically liable for injuries caused by natural weather conditions. An attorney will:
Investigate the scene
Collect evidence like photos, maintenance records, and witness statements
Evaluate whether local snow removal laws were followed
This level of investigation can be pivotal in proving negligence.
When to Contact an Attorney
It’s critical to reach out as soon as possible after your accident — ideally within days. Evidence fades quickly, memories blur, and in New York, strict time limits (statutes of limitations) apply to filing claims.
Waiting too long can permanently impair your ability to recover compensation.
Final Thoughts
A slip and fall on ice might seem like “just an accident,” but the consequences — physical, emotional, and financial — are serious. In Ossining, Briarcliff Manor, White Plains, Mt. Kisco, and Yonkers, experienced legal help can be the difference between accepting an inadequate settlement and securing the full compensation you deserve.
If you or someone you love has been injured on icy property, don’t navigate the aftermath alone. Retain an attorney who understands New York law and knows how to fight for you. The attorneys at Law Offices of Spencer M. Fein will fight for you every step of the way in an effort to get your life back on track. We’ll help ensure that you have access to the best medical experts and life planning tools you need, and that children, parents, other family members and friends know what to expect and understand that we are available as counselors and friends.