Q: Is a slip and fall in driveway worth pursuing?

A: Sorry to hear what happened to you. Landlords in New York have a legal duty to keep their property in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. The injury to your back was not caused by a dangerous condition, but by plowing out the driveway, which carried a risk of injuring your back. Had you slipped and fallen on the driveway, that would arguably have been a different story.

A: I'm sorry about your injury. If your injury was a slip and fall, you could consult with an attorney. If it was closer to being a strain-related injury, my colleague correctly points out the distinction there. In either event, you could review the terms of your lease with an attorney for a detailed and definitive analysis. I hope you experience a healthy recovery from your injuries. Good luck

A: I’m sorry to hear about your injury and the difficulties you are facing. In New York, a slip and fall injury caused by ice or snow on a driveway may have legal merit, especially if your landlord has neglected their duty to maintain the property in a safe condition.

Under New York law, property owners have a responsibility to keep their premises safe and free from hazards, including ice and snow, especially in areas that are regularly used, like driveways. If the landlord has been repeatedly leaving the driveway unplowed and icy, they may be in violation of this duty. New York’s property law generally requires that landlords address dangerous conditions on their property, and failure to do so can make them liable for injuries that occur as a result of their negligence. If your landlord has failed to maintain the driveway and you were injured as a result of their inaction, you could have grounds to pursue a personal injury claim for premises liability.

You mentioned that you had to plow the driveway yourself, which could be relevant in your case. If the landlord failed to clear the ice and snow, leaving the area dangerous, and you had no other reasonable choice but to shovel the driveway yourself, that could demonstrate that the landlord’s negligence led to your injury. Additionally, the fact that your injury occurred while performing this task further supports the idea that the landlord failed to maintain the premises in a safe manner.

In order to pursue a legal case, you would need to prove that the landlord’s negligence caused your injury. The key points here would be whether the landlord knew about the icy conditions and whether they failed to address them in a reasonable amount of time. You should gather evidence to support your claim, including photographs of the icy driveway, any communications with the landlord about the unsafe conditions, and medical documentation of your injury, including your back injury from plowing the driveway.

You may also want to check if any of your neighbors have similar experiences or if they have reported the conditions to the landlord. This could further support your case. If your injury has caused significant pain, medical expenses, or time away from work, you may be entitled to compensation for those damages.

It’s advisable to consult with a personal injury attorney to evaluate the specifics of your case, including whether you can file a claim for medical expenses, lost wages, and pain and suffering. An attorney can guide you through the process and help you pursue compensation from your landlord.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.