Nicholas Hurzeler, Greg Katz Publish Law360 Expert Analysis Article on New York Snow and Ice Liability

New York, N.Y. (November 5, 2021) - New York Partners Nicholas P. Hurzeler and Gregory S. Katz recently published an Expert Analysis article for Law360, titled "How NYC Property Owners Can Manage Snow And Ice Liability," which discusses New York’s laws and defenses regarding property owners’ liability for slip and falls on sidewalks resulting from the presence of snow and ice.

Messrs. Hurzeler and Katz open the article by describing that New York City’s “Administrative Code Section 7-210 imposes liability on the owners of real property – other than single-family dwellings – to maintain an abutting sidewalk in a reasonably safe condition, which includes the removal of snow and ice.” The authors then review recent New York case law that relates to property owners’ duties and defenses should an accident occur. For example, they explain that even out-of-possession landowners have a nondelegable duty to remove snow and ice.

Moreover, as the article states, if an accident occurs, a defendant’s burden of proof on a motion for summary judgment is to establish that it did not create the snow or ice condition and did not have actual or constructive notice of the condition for a sufficient length of time to discover and address it. For purposes of establishing a lack of constructive notice, a defendant must offer evidence concerning when the accident site was last cleaned or inspected before the incident occurred. On this issue, the authors comment, “Therefore, as the weather grows colder, property owners are well advised to maintain written logs of snow removal efforts. . . . If the employees can also take photographs, such evidence could be especially useful for defense counsel trying to prove there was no notice of a hazardous condition.”

In the remaining portions of the article, Messrs. Hurzeler and Katz review general rules for landowners located outside of New York City, advising that “a close review of the local code should be performed in order to determine whether the code expressly imposes tort liability upon them for failing to clear a sidewalk of snow and ice.” They further explain that defendants should consider citing the storm-in-progress defense when an accident occurs during ongoing precipitation.

Mr. Hurzeler is a vice chair of Lewis Brisbois' Appellate Practice. He focuses primarily on briefing and arguing appeals in the First and Second Departments of New York’s Appellate Divisions, with a strong track record of success. In addition to his appellate work, Mr. Hurzeler also handles extensive motion practice for a variety of general liability matters. He recently authored two other Expert Analysis articles for Law360 regarding the need for more effective approaches in defending spinal fusion cases as well as defendants seeking independent medical examinations prior to a plaintiff’s surgery.

Mr. Katz is a chair of Lewis Brisbois General Liability and Transportation Practices, and also formed and oversees the firm’s 24/7 Rapid Response On-Call Transportation Team and its National Trial Practice Team. He has over 20 years of experience in defending cases in state and federal court.

Read the full article on Law360 (subscription required) or view a PDF version here. See Lewis Brisbois' legal alert on this topic, titled "A Guide to Evaluating Snow & Ice Cases," here.