When the winter time rolls around and there is a snowfall I always hear the same thing. “Hey man it’s snowing out there ,that’s good for business, right”? Well actually not really. I mean yes people slip and fall in the snow and yes some of the injuries involved are very serious. I get calls from clients with broken hips, broken legs, and all kinds of sprains and strains. Sounds good huh? Not really..When I get that call from the client who just slipped and fell in the snow I get ill. I know that these cases are very,very, very difficult. These are not the typical slip and fall cases. These are the real tough babies that only a few daring (and sometimes stupid)lawyers will handle. Now don’t get me wrong I have taken some snow and ice slip and fall cases. But, for the most part, I have kicked myself for taking most of those cases. Take for instance the case of the woman who came to us with her slip and fall on snow and ice case in The Bronx. I took the case into the office as the client very credible and she had a decent injury. If memory serves me right she had a fracture. This case in which the plaintiff had a minor fracture generated a 350 page motion by the defendants to dismiss the case,which we won. Keep in mind that the case only settled for $25,000.00. Was it worth all the work? I guess each lawyer has to decide that in his own. If you slipped and fell in the snow you will have no case unless the following can be shown: 1) At the time that you slipped and fell it had stopped snowing. 2) In the case of a private property owner there was at least 24-48 hours between the time the snow had stopped and the accident happened. 3) In the case of a municipality there was at least 3 days between the time the snow had stopped and the accident happened. We take a very limited number of these cases and even then we screw up and take a case which we shouldn’t and we pay the price as seen in the above case in The Bronx. In fact in that case we had to hire a weather expert, and probably put in close to 50 hours in opposing the defendants motion to dismiss. Was it worth the $25,000.00 settlement? I will leave that up to others.Remember a problem with the white stuff won’t always be easy to handle so contact us
for further information.