Thursday, October 1, 2026
Winter weather across Merrick this season brought heavy snow, ice and fluctuating temperatures, creating hazardous conditions in parking lots and walkways. Those conditions have contributed to an increase in slip-and-fall incidents at commercial properties.
“The winter of 2026 has been riddled with unprecedented snow falls, winter storms, frigid temperatures, and icy conditions; all combined for what proved to be a recipe for disaster for slip and fall occurrences,” Anthony A. Nozzolillo, Esq., said.
Many businesses report taking steps to clear snow and ice, but conditions are not always consistent across properties. Areas may appear safe at first glance, while hidden or developing hazards remain.
“Certain times, the unfortunate occurs where a particular area that was inadvertently not cleared,” Nozzolillo said. “Or in the alternative, was initially cleared, but subsequently left alone to allow for ice to accumulate.”
Why winter conditions can lead to liability
Slip-and-fall incidents can result in physical injuries and, in some cases, longer-term effects. When those incidents occur on commercial property, questions often arise about responsibility.
From a legal standpoint, businesses have an obligation to maintain safe conditions for visitors.
“A commercial establishment owes a duty of care to its patrons to assure that the parking and walking areas directly under their control are safe — free from ice, snow, cracks, concrete/blacktop up-heaves, etc., — assuring that patrons can freely navigate absent the potential for harm,” Nozzolillo said.
If that obligation is not met and someone is injured, the business may face a negligence claim. However, establishing that claim requires meeting specific legal standards.
What must be proven in a slip-and-fall case
According to Nozzolillo, individuals pursuing a claim must show that a business breached its duty and that the breach caused injury.
“It is not enough to simply allege that but for the ice, snow, etc., the ‘slip and fall’ would not have occurred,” he said.
Businesses may argue that conditions were properly addressed or that the individual contributed to the incident. Other factors, including pre-existing conditions or the extent of injuries, may also be examined.
To prevail, a person must demonstrate “beyond a preponderance of the evidence” that negligence occurred and caused damages.
What to do immediately after a fall
Nozzolillo said documenting the incident at the time it occurs can be critical.
“The prudent and best practice whenever a slip and fall occurs is to assure that proper due diligence occurs at the time of the incident,” he said. That includes gathering witness information and documenting the scene.
“If there are witnesses to the fall, be sure to obtain their contact information so if need be, they can validate what actually transpired,” he said.
He also advised taking photos and video of the area and reporting the incident to the establishment.
“You should proofread the report that is written to confirm the accuracy of the details reflected therein and take a copy,” Nozzolillo said.
Seeking medical attention is another important step, both for treatment and documentation.
Common complications and misconceptions
Slip-and-fall cases can involve a range of complicating factors, including prior injuries. Those conditions do not necessarily prevent recovery, but they may affect the outcome.
“In addition, if you had a pre-exiting condition that was possibly aggregated by this new slip and fall that does not mean you are not entitled to recover for damages; it simply means that the amount of damages may be diminished or offset as a result of this circumstance,” Nozzolillo said.
He also cautioned against pursuing treatment without a legitimate injury, noting that such actions can carry legal consequences.
In some cases, individuals may hesitate to pursue claims out of concern for the business involved. However, those claims are typically handled through insurance.
“Lastly, if or when you engage the services of an attorney, any potential settlements, lawsuits, or the like will almost always not be taking place with the establishment, per se, but rather with their insurance carrier,” he said.
Time limits and next steps
Under New York law, individuals generally have three years from the date of injury to file a negligence claim.
“Reverting to the legal analysis, the statute of limitations to sue for negligence in New York State is 3 years from the date of the injury,” Nozzolillo said.
While that timeframe allows for legal action, immediate focus should remain on recovery. “Paramount should be your focus on treating and getting well,” he said.
As winter conditions continue, understanding both the risks and the legal framework surrounding slip-and-fall incidents can help Merrick residents better navigate unexpected situations.
