Can I sue my landlord if I slipped and fell at my apartment complex?

In Erie County and throughout New York State, an individual can sue their landlord for failing to properly address accumulations of snow and ice. In the first instance, responsibility for removing snow and ice falls on the property owner, which is often the landlord.

Landlords will sometimes try to shift responsibility before an injured person has retained an attorney. They may attempt to advise or frighten the individual by saying they are not allowed to sue or that if they bring a claim, they could be removed from the property. However, that is against the law, and we make sure that does not happen.

We take the reins by notifying the landlord, and from that point forward, all communication concerning the incident goes through our office. The renter or injured person does not need to have any uncomfortable conversations or interactions with the landlord.

There are also situations where another party, in addition to the landlord or property owner, can be held liable for snowy and icy conditions. For example, a snow removal company may be responsible. We often see snow removal companies perform poor work and actually create more dangerous conditions than those that existed before they plowed.

This frequently happens when snow removal companies create large piles that block sidewalks and driveways. It can also occur when melting snow refreezes in walkways and driveways, creating hazardous ice patches.

Both landlords and snow and ice removal companies can be held liable. Determining responsibility requires a thorough investigation. One of the first things we do at Richmond Vona is identify all potentially liable parties. We examine whether a snow and ice removal company was involved, whether a property manager had responsibility, and who had the duty to remove snow and ice from the premises—ultimately, that duty rests with the property owner or landlord.