Every winter in Queens, icy sidewalks, unshoveled walkways, and black ice patches send thousands of people to emergency rooms with fractures, head injuries, and spinal trauma. If you slipped on snow or ice in Queens, New York law gives you the right to hold the responsible property owner accountable. In most cases, that's not the city; it's the adjacent building owner. The Orlow Firm has helped injured Queens residents recover compensation for winter slip-and-fall accidents for over 40 years, working out of our Flushing office and serving clients in Astoria, Jamaica, Forest Hills, and neighborhoods across the borough.
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What's in this video?
The attorneys at The Orlow Firm discuss how they help Queens slip-and-fall accident clients pursue compensation from negligent property owners, including what to expect from the legal process.
Many people who slip on an icy Queens sidewalk assume the City of New York is responsible. In most cases, that assumption is wrong, and it can cost them their claim.
In 2003, New York City enacted Administrative Code § 7-210, which shifted sidewalk liability from the city to adjacent property owners. Under that law, commercial landlords, multi-family building owners, and property managers have a non-delegable legal duty to keep sidewalks abutting their property in a reasonably safe condition. Signing a lease that hands off maintenance duties to a tenant does not relieve the owner of liability if someone is injured.
Administrative Code § 16-123 sets specific deadlines for clearing snow and ice:
- Snowfall ending between 7:00 AM and 4:59 PM — cleared within four hours
- Snowfall ending between 5:00 PM and 8:59 PM — cleared by 9:00 AM the following morning
- Snowfall ending between 9:00 PM and 6:59 AM — cleared by 11:00 AM
There is one important exception. If the icy sidewalk abuts a one-, two-, or three-family owner-occupied residential property, the City of New York remains legally responsible. This distinction matters because it determines who you file your claim against and what deadlines apply.
Our analysis of NYC 311 service request data shows Queens residents filed 8,244 sidewalk condition complaints in 2024, a 28% increase over the prior year. Each of those complaints is a timestamped record that can demonstrate the property owner or the city had prior notice of a hazardous condition on a specific block.
Steven S. Orlow, founder of our firm, served as Counsel to the Queens County Executive and knows how city agencies handle sidewalk complaints and injury claims. Adam Orlow, our managing partner and former President of the Queens County Bar Association (2022-2023), leads our premises liability practice. When you call us, you work directly with a partner, not a paralegal or junior associate.
The "Storm in Progress" Doctrine and When It Fails
Property owners and their insurance adjusters frequently raise the "storm in progress" doctrine to deny liability. Knowing this doctrine's limits is the difference between walking away from a valid claim and recovering fair compensation.
Under New York common law, a property owner is not required to clear snow or ice while precipitation is actively falling. The duty does not arise until a reasonable time after the storm ends, and the § 16-123 windows define what "reasonable" means.
But the doctrine does not protect property owners in several common situations.
Ice that predates the storm. If a patch of black ice formed from a melt-refreeze cycle two days before you fell, the property owner cannot hide behind a storm that happened after the ice was already there.
Property-created ice conditions. HVAC condensation lines, clogged roof gutters, and drainpipes that discharge water onto sidewalks create ice patches independent of weather. New York courts have consistently held that property-created hazards fall outside storm-in-progress protection.
Failure to act within the statutory window. Once the § 16-123 deadline passes without action, the defense is gone.
Known recurring conditions. A property owner who knows from prior seasons that a gutter overflows and creates an ice patch every winter cannot argue they had no notice.
Queens winters bring persistent freeze-thaw cycles from December through March. Daytime temperatures melt surface snow; overnight cold refreezes it into a thin, invisible glaze. That glaze, black ice, is not protected by the storm doctrine when it forms from a prior storm cycle rather than active precipitation.
In Sherman v. New York State Thruway Authority, the Court of Appeals affirmed dismissal because the slip occurred during an active ice storm. But outcomes turn entirely on precise timing. Weather records, National Weather Service data, and witness accounts of conditions at the exact moment of the fall are often decisive. A Queens snow and ice accident lawyer from our firm knows which records to obtain and how to use them.
What's in this video?
The Orlow Firm explains the most common causes of slip-and-fall accidents in New York, including weather-related conditions and property owner negligence.
Who Can Be Held Responsible for a Queens Snow and Ice Accident
Queens has a varied property mix: dense commercial corridors, multi-family co-ops, older residential homes, strip mall parking lots, and large public housing developments. Liability for a snow and ice fall depends on where you fell and who controlled the property.
Commercial Property Owners and Landlords
Commercial building owners and property managers carry the full duty under § 7-210. A landlord who contracts with a building superintendent or a third-party snow removal company does not escape liability if the job is done negligently. Both the owner and the contractor may be held responsible. Commercial tenants who assume sidewalk maintenance duties under their lease may also share responsibility.
Residential Building Owners
Owners of four-or-more-family residential buildings are covered by § 7-210. If you fell on a sidewalk next to a large apartment building or co-op in Forest Hills, Jackson Heights, or Woodside, the owner or property management company may be responsible.
The City of New York and NYCHA
The City remains liable for sidewalks abutting one-, two-, and three-family owner-occupied homes, public parks, and government buildings. The New York City Housing Authority operates major developments throughout Queens, including Queensbridge Houses in Long Island City, Ravenswood Houses, Bland Houses, and Pomonok Houses. NYCHA is a city agency. Any injury on NYCHA grounds triggers the same 90-day Notice of Claim requirement as a claim against the City itself.
Parking Lots and Snow Removal Contractors
Queens commercial strips along Sutphin Boulevard in Jamaica, Northern Boulevard in Astoria, and throughout Jackson Heights have parking lots that become hazardous when untreated after a storm. Commercial parking lots owe a duty of care to business invitees. If a property owner hired a snow removal contractor who cleared the sidewalk improperly, that contractor can be joined as a defendant alongside the owner.
What's in this video?
The attorneys at The Orlow Firm explain the key factors that determine liability in a premises liability case, including how courts evaluate property owner duties and notice of a dangerous condition.
Injuries from Queens Snow and Ice Accident Cases
A winter fall is not a minor incident. Slipping on ice with no warning and landing hard on frozen pavement produces some of the most severe injuries seen in premises liability cases. Queens emergency rooms see a steady spike in fractures, head injuries, and spinal trauma from December through March. According to Truveta's analysis of 2019-2023 emergency department data, there are 13.1 ED visits for falls on snow or ice per 10,000 winter ED visits, with rates three times higher in cold-climate states like New York.
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Common Injuries from Snow and Ice Falls in Queens:
- Wrist Fractures — Most common winter fall injury; often requires surgery with plates and screws plus months of physical therapy
- Hip Fractures — Life-altering for older residents; total hip replacement can cost $40,000 or more
- Traumatic Brain Injury — A concussion can mask a subdural hematoma requiring emergency surgery
- Knee Injuries — Meniscus tears and ACL ruptures from twisting on parking lot slopes or icy surfaces
- Spinal Injuries — Backward falls cause herniated discs, nerve compression, and chronic pain
- Shoulder Injuries — Rotator cuff tears from bracing a fall with an outstretched arm
Wrist fractures are the most common winter fall injury, frequently requiring surgery with plates and screws, followed by months of physical therapy. Hip fractures carry life-altering consequences for older Queens residents. Total hip replacement surgery can cost $40,000 or more, and the NYS Department of Health reports approximately 900 New Yorkers age 65 and older die from fall-related injuries each year. Traumatic brain injuries result from striking the back of the head on ice pavement. What seems like a concussion at the scene can turn out to be a subdural hematoma requiring emergency surgery. Knee injuries such as meniscus tears and ACL ruptures are common when a fall involves a twisting motion, especially on sloped parking lot surfaces. Spinal injuries from backward falls can cause herniated discs, nerve compression, and chronic pain. Shoulder injuries, particularly rotator cuff tears, result from bracing impact with an outstretched arm.
Our attorneys have recovered compensation in cases involving these exact injuries:
$675,000 — An oil repairman slipped on ice at a school; he required knee surgery.
$300,000 — A client slipped on ice in a commercial parking lot and suffered an ankle fracture requiring surgery.
$125,000 — A client slipped on an unshoveled sidewalk outside a park and suffered a broken nose and knee injury.
$1,500,000 — A client fell on a badly damaged sidewalk and required back and ankle surgery.
$800,000 — A client slipped on water from a roof leak, demonstrating our experience with property-created hazards that parallel drainage-caused ice.
Prior results do not guarantee a similar outcome.
What to Do After a Slip and Fall on Ice in Queens
Evidence in ice cases disappears fast. Ice melts. Witnesses leave. Security footage is overwritten within days. The steps you take in the first hours can be the difference between a provable claim and an unprovable one.
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What to Do After a Snow or Ice Fall in Queens:
- Photograph the scene immediately — ice patches, drainage, absence of salt/sand, and any (or missing) warning signs
- Get medical care the same day — same-day records connect the accident to your injuries
- Report the fall to a property manager, building superintendent, or store manager — insist on a written incident report and keep a copy
- Collect witness names and phone numbers before they leave the scene
- Preserve your clothing and footwear — do not discard or wash what you were wearing before speaking with a lawyer
- Decline recorded statements from the insurance company until you have spoken with a lawyer
- If city property was involved, call (646) 647-3398 immediately — you have only 90 days to file a Notice of Claim
1. Photograph the scene immediately. Conditions change within hours. Before anything is cleared, photograph the ice patch, surrounding drainage points, absence of salt or sand, and any warning signs, or their absence.
2. Get medical care the same day. The shock of a hard fall can suppress pain. Injuries that seem minor at the scene often prove serious within 24 to 48 hours, and same-day medical records connect the accident to your injuries.
3. Report the fall. Tell a property manager, building superintendent, or store manager. Insist on a written incident report and get a copy. If none is made, send a text or email documenting what happened and when.
4. Collect witness information. Ask bystanders for names and phone numbers before they leave.
5. Preserve your clothing and footwear. Defense attorneys routinely argue improper footwear contributed to a fall. Do not discard, wash, or replace what you were wearing before speaking with an attorney.
6. Do not give recorded statements to the insurance company. Adjusters contact injured people quickly, hoping for recorded statements or early settlements before the full extent of injuries is known. Decline until you have spoken with an attorney.
7. If city property was involved, call us immediately. You have 90 days to file a Notice of Claim against the City. Missing this deadline is fatal to your case. Call The Orlow Firm at (646) 647-3398 as soon as possible.
Our firm obtains 311 complaint records for the specific location where you fell. A prior complaint about that address, on file with the city before your accident, is powerful evidence that the responsible party had notice and failed to act.
Suing the City of New York After a Queens Snow and Ice Accident
If your fall occurred on a sidewalk or property maintained by the City of New York, including NYCHA developments, far stricter rules apply. Missing any one of these procedural steps can permanently bar your claim, regardless of how strong the underlying facts are.
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Snow Removal Deadlines (NYC Admin. Code § 16-123):
- Snow ends 7:00 AM – 4:59 PM: Must clear within 4 hours
- Snow ends 5:00 PM – 8:59 PM: Must clear by 9:00 AM the next morning
- Snow ends 9:00 PM – 6:59 AM: Must clear by 11:00 AM the next morning
- Note: 1-, 2-, and 3-family owner-occupied homes are exempt — the City remains responsible for those sidewalks
Filing Deadlines for Your Claim:
- Private property (landlords, commercial owners, contractors): 3 years from the accident date
- City / NYCHA — Notice of Claim: Must be filed within 90 days of the accident with the NYC Comptroller
- City / NYCHA — Lawsuit deadline: 1 year + 90 days from the accident date
Sources: NYC Admin. Code § 16-123; NY General Municipal Law § 50-e; CPLR § 214
The 90-Day Notice of Claim. Under New York General Municipal Law § 50-e, anyone intending to sue a city agency must file a formal Notice of Claim with the NYC Comptroller's Office within 90 days of the accident. This is not a lawsuit. It is a prerequisite to filing a lawsuit. The notice must include the exact accident location, the date and time, a description of what happened, the nature of your injuries, and the damages you are seeking.
The lawsuit deadline. Even after a timely Notice of Claim, you have only one year and 90 days from the accident date to actually file a lawsuit. That is significantly shorter than the three-year statute of limitations that applies to private defendants.
Prior written notice requirement. For many city-maintained sidewalks, you must also prove the City had prior written notice of the specific defect that caused your fall. This is where 311 complaint records become critical. If a prior complaint was filed about the same location, whether about ice, broken pavement, or a clogged drain, that complaint may satisfy the prior written notice requirement.
Steven Orlow's experience dealing with city agencies, including his former role as Counsel to the Queens County Executive, gives our firm practical knowledge that benefits clients pursuing claims against the City and NYCHA. We know how to obtain 311 records, Freedom of Information Law requests, and agency maintenance logs.
If you fell at Queensbridge Houses, Ravenswood, Pomonok Houses, or any NYCHA development in Queens, call us immediately. The 90-day window does not pause while you recover from surgery.
What's in this video?
The Orlow Firm explains the statute of limitations and Notice of Claim deadlines that apply in premises liability cases in New York City, including when shorter timelines apply for claims against the city.
Compensation You Can Recover in a Queens Snow and Ice Accident Case
The damages available in a snow and ice fall case depend on the severity of your injuries and the specific facts of your situation. Our Queens snow and ice accident attorneys pursue both economic and non-economic compensation for injured clients.
Economic Damages
Economic damages cover the financial losses caused by your injuries:
- Emergency room bills and hospitalization costs
- Surgery costs (wrist, hip, knee, and spinal surgeries commonly run $50,000 to $200,000 or more)
- Physical therapy and rehabilitation
- Home health aide costs, which can be especially significant for elderly Queens residents who need in-home care during recovery
- Lost wages during recovery
- Future medical costs if your injuries require ongoing care or revision surgery
Non-Economic Damages
Non-economic damages address the human impact of your injuries:
- Pain and suffering, especially relevant in falls that produce chronic pain
- Loss of enjoyment of life, including the fear of walking on winter sidewalks or inability to participate in activities you previously enjoyed
- Emotional distress
Comparative Fault Does Not Bar Recovery
New York follows pure comparative negligence under CPLR § 1411. Even if a jury finds you partially at fault, your damages are reduced by your percentage of fault, not eliminated. If you are found 25% at fault and your damages total $100,000, you recover $75,000.
Insurance carriers in snow-and-ice cases routinely argue the injured person contributed to the fall by wearing inappropriate footwear or not watching where they were going. Our firm prepares for these arguments and counters them. Property owners cannot escape liability because a pedestrian wasn't wearing rubber-soled boots on an unmarked icy sidewalk that should have been cleared hours earlier.
We represent clients on contingency: you pay nothing unless we recover compensation for you. There is no upfront cost, and no risk to calling us.
Frequently Asked Questions About Queens Snow and Ice Accident Cases
Can I still file a claim if I don't know who owns the property where I fell?
Yes. Ownership of Queens properties is a matter of public record. Our attorneys investigate ownership through NYC's ACRIS database, property tax records, and DOT sidewalk maps. In many falls, particularly at large commercial strips or mixed-use buildings, multiple parties share liability, and we identify all of them.
What if the ice formed from a neighbor's drainpipe or roof runoff onto the sidewalk?
Property owners are liable for hazardous conditions their property creates, including drainage defects that send water onto adjacent sidewalks where it freezes. This type of property-created ice falls outside the storm-in-progress doctrine entirely. The key question is whether the property owner knew or should have known about the recurring drainage problem.
How long do I have to file if a private property owner, not the city, was responsible?
The standard New York statute of limitations for personal injury cases is three years from the date of the accident. This applies to claims against private property owners, commercial landlords, and snow removal contractors. Waiting is still a mistake: ice melts, witnesses forget, surveillance footage is overwritten, and prior 311 complaint records become harder to obtain.
Can I file a claim if the city plowed the street but left the sidewalk uncleared?
Yes, but these may be separate claims against separate defendants. The City handles street plowing. The adjacent property owner handles the sidewalk under § 7-210. If the city pushed snow from the street onto the sidewalk and that caused your fall, the city may bear responsibility for that specific act. Our attorneys analyze the facts to sort out which defendants are responsible for what.
What if I fell on an icy parking lot in Queens?
Commercial parking lots owe the same duty of care to customers as any business property. A lot that is not salted, sanded, or treated after a storm may give rise to a strong premises liability claim. Documentation of prior complaints or incidents at the same lot strengthens the case. Our attorneys have handled parking lot ice cases throughout Jamaica, Astoria, Flushing, and Jackson Heights.
I was partially at fault for my fall. Can I still recover?
Under New York's pure comparative negligence rule (CPLR § 1411), yes. Even if you are found 50% at fault, you can still recover 50% of your damages. New York does not bar recovery because of shared fault. The insurer will attempt to maximize your assigned fault percentage; we work to minimize it.
Does what footwear I was wearing affect my claim?
Defense attorneys regularly argue that wearing dress shoes or sneakers contributed to a fall on ice. New York courts have consistently held that pedestrians are not required to take extraordinary precautions against hidden or unwarned icy conditions. A property owner who fails to clear a sidewalk within the statutory window cannot escape liability by pointing to the pedestrian's shoes. Our firm challenges these arguments.
Contact a Queens Snow and Ice Accident Lawyer Today
If you or a loved one was injured in a snow or ice fall anywhere in Queens, whether in Astoria, Jamaica, Forest Hills, Flushing, Jackson Heights, South Ozone Park, or another neighborhood, The Orlow Firm is ready to help. We have represented injured Queens residents for over 40 years from our office at 71-18 Main Street in Flushing, and we know the properties, the courts, and how these cases are won.
The 90-day Notice of Claim deadline for city-related accidents makes prompt action critical. Even for private-property claims, evidence preservation cannot wait.
Call (646) 647-3398 for a free consultation. We work on contingency: you pay nothing unless we win your case. Se Habla Español. Our attorneys will come to you if you cannot come to us.
Sources & Official Resources
New York State Laws Cited
- CPLR § 1411 — Comparative Negligence (Pure Comparative Fault)
- CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
- General Municipal Law § 50-e — Notice of Claim (90-Day Deadline)
NYC Laws Cited
- NYC Administrative Code § 7-210 — Sidewalk Liability of Property Owners
- NYC Administrative Code § 16-123 — Snow and Ice Removal Deadlines
Statistics & Data
- NYS Department of Health — Fall Injuries Among Older Adults
- NYC 311 Open Data — Sidewalk Condition Service Requests
Helpful Official Resources
- NYC DSNY — Snow Removal Laws and Responsibilities
- NYC Comptroller — Filing a Claim Against the City
- NYCHA — Queens Developments
Data Methodology Borough and neighborhood breakdowns for Queens sidewalk condition complaints were calculated by The Orlow Firm's research team from publicly available NYC 311 Open Data records. The NYC 311 dataset (erm2-nwe9) is published at the individual service request level. We aggregated these records by borough, zip code, and community board to produce the Queens-specific complaint totals cited above, as the city does not publish pre-calculated borough-level breakdowns for sidewalk complaint volumes by year.
