Photo Courtesy of Frank Becerra Jr./The Journal News
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Snow, freezing rain, black ice, and storm debris don’t just make winter in New York inconvenient — they change the legal landscape for both premises liability and motor vehicle collisions. When a property owner or driver fails to take reasonable precautions in hazardous weather, preventable injuries follow: slip-and-falls on untreated walkways, multi-car crashes on slick parkways, and pedestrian knockdowns in dimly lit, slushy intersections.
At The Law Offices of Norman Gershon, we’ve spent 35+ years proving that “it was the weather” is not a free pass for negligence. From White Plains and Yonkers through the Bronx, Queens, and Manhattan, Norman is the go-to trial lawyer other attorneys call for their toughest cases — with tens of millions in verdicts and settlements to show for it.
Weather Doesn’t Excuse Negligence — It Raises the Standard of Care
Bad weather is predictable in New York. That’s why the law focuses on reasonable care under the circumstances, not perfection.
- Property owners/managers (residential, commercial, municipal) must anticipate and address seasonal hazards: shovel and salt after storms, place mats and wet-floor signs, repair storm-damaged stairs and railings, improve lighting, and regularly inspect high-traffic areas.
- Drivers must slow down, increase following distance, and maintain control. That includes using proper tires, clearing windshields and roofs, turning on headlights in precipitation, and avoiding abrupt maneuvers on bridges and overpasses where ice forms first.
- Businesses and contractors that control a site (stores, landlords, snow-removal vendors) must coordinate and document reasonable winter procedures — and act on them.
When they don’t, and you’re hurt as a result, the law allows you to pursue compensation.
Common Weather-Related Hazards in Westchester County & NYC
Across Westchester (White Plains, Yonkers, New Rochelle) and NYC (Bronx, Manhattan, Queens, Brooklyn), familiar patterns cause serious injuries every winter:
- Untreated ice on sidewalks, stoops, and parking lots (especially overnight refreeze).
- Tracked-in water at store entrances without mats, cones, or regular mopping schedules.
- Black ice on asphalt in shaded lots and under elevated tracks.
- Hidden defects (potholes, cracked steps, lifted slabs) concealed by snow.
- Storm debris (branches, construction materials) left where pedestrians and cyclists travel.
- Low visibility at dusk with poor lighting and slush covering crosswalk markings.
- Bridge and parkway icing that surprises drivers: Bronx River Parkway, Saw Mill, Taconic, Hutch, I-95, I-287, BQE, Major Deegan, FDR, LIE.
Each of these is foreseeable — and manageable — with reasonable care.
Premises Liability: What Owners Are Expected to Do (and Prove)
A safe property in January looks different than a safe property in June. Reasonable winter safety often includes:
- Timely snow/ice removal and pre-treatment (salt/sand/brine), with attention to overnight refreeze.
- Routine inspections of entrances, stairs, ramps, curb cuts, and accessible routes during storms and thaws.
- Mats and warning signage at doors, vestibules, and elevator banks; wet-floor logs documenting response times.
- Adequate lighting in lots, walkways, stairwells, and canopies to reveal slick patches and elevation changes.
- Prompt repairs or barricades for storm-damaged areas (loose handrails, broken steps, heaved concrete).
- Drainage and downspout control so meltwater doesn’t re-freeze where people walk.
- Vendor oversight if snow removal is outsourced — owners can’t hire and forget; they must ensure the job is done.
Key idea: Weather is the challenge; reasonable maintenance is the duty. When logs, photos, and surveillance show the duty wasn’t met, liability follows.
Car Crashes in Bad Weather: “Drive to Conditions” Is the Rule
Every driver shares the road in winter, and every driver has to adjust:
- Reduce speed and avoid sudden braking/steering on icy bridges and ramps.
- Maintain greater stopping distance behind buses, plows, and trucks that kick slush onto windshields.
- Use headlights in precipitation and clear all windows/roof before travel (snow sheets flying off cause rear-end and swerve collisions).
- Keep vehicles winter-ready (tread depth, wipers, defrosters, brake lights).
When a driver ignores those basics, “it was slippery” won’t shield them from responsibility. That’s why weather-related crash cases often turn on speed for conditions, following distance, visibility, vehicle maintenance, and driver distraction.
Proof Wins Cases: How We Build Weather-Related Claims
Strong results come from meticulous evidence — gathered early:
- Scene documentation: Wide and close photos, video of icy patches/wet tiles, lighting conditions, lack of mats or cones, and the path of travel (entry to fall).
- Weather and temperature data: To show precipitation/refreeze windows and what a reasonable owner/driver should have anticipated.
- Maintenance records: Snow logs, vendor contracts, inspection checklists, incident reports, and cleaning schedules.
- Surveillance & telematics: Security video, dashcams, EDR (“black box”) data, and fleet GPS.
- Witness statements: Employees who know how (or whether) winter procedures are actually followed; motorists who saw speeding or tailgating.
- Medical proof: Immediate care records, imaging, specialist notes linking the mechanism of injury to the hazardous condition.
This is where trial experience matters. We know what evidence juries find persuasive — and how to overcome the “blame the weather” defense.
Results That Speak for Themselves
Verdicts & Settlements (Selected):
- Betancourt v. NYCTA — $16,500,000 verdict (Bronx Supreme)
Automobile passenger in a bus collision; complex spinal injuries with multi-level fusion. - Lin v. Metropolitan Transit Authority — $14,500,000 settlement (Queens Supreme)
Bus crash; degloving injuries and multiple surgeries. - Mungo v. Traviseo — $5,445,000 verdict (Kings Supreme)
Motor vehicle collision; cervical and lumbar fusions. - Young v. Bal & Nissan Lift of NY — $5,068,000 verdict (Queens Supreme)
Sideswipe crash; cervical fusion. - Yurkovic v. Cepin — $2,500,000 verdict (Westchester Supreme)
Intersection collision; cervical disc herniations with fusion. - Mason v. NYC Board of Education — $2,550,000 verdict (Bronx Supreme)
Fall on snow and ice; bilateral hip injuries with surgical intervention. - Dessasore v. NYCHA — $5,000,000 verdict (Bronx Supreme)
Unsafe stairwell; partial paralysis following herniated discs and fusion.
These outcomes reflect a consistent theme: careful preparation, commanding trial advocacy, and the ability to simplify complex medical and weather evidence for juries.
What Clients Say
“Call Norman Gershon if you want the ‘Best Result’. Smart, experienced, compassionate, tough… You owe it to yourself to have him assess your situation.”
— Michael Benowich
“Norman worked his magic and got me a bigger settlement than I expected. Kind, caring, compassionate — and with a great sense of humor.”
— Nancy Joyce
“A beast in the courtroom. One of the most stand-up, honest and trustworthy men I’ve ever met.”
— R. Dessasore
“He treated my family like his own and delivers results. He’s always right there when you need him.”
— S.W., New York
After a Weather-Related Accident: 8 Steps That Protect Your Case
- Get medical care now. Even “minor” injuries can worsen; early records link your symptoms to the incident.
- Photograph everything. The surface, lighting, wet footprints, absent mats, untreated ice, plow piles draining across walks, vehicle positions, and dash/infotainment displays.
- Report it — and get a copy. Incident report for premises claims; police report for crashes.
- Preserve your shoes and clothing. They can corroborate traction, wetness, and slip mechanics.
- Identify witnesses and cameras. Names, phone numbers, and where cameras point (doorway, lot, intersection).
- Keep all bills and receipts. ER, imaging, PT, meds, medical devices, rideshare, home help, lost wages.
- Avoid recorded statements to insurers. Adjusters are trained to minimize claims — speak to us first.
- Call a trial lawyer early. We send preservation letters, secure video, and stop spoliation before evidence disappears.
Local Focus, Courtroom Power
Norman is admitted in New York State and the Southern and Eastern Districts of New York. For Westchester County (White Plains courthouse) and the NYC boroughs, he brings deep familiarity with local roads, weather patterns, and venues — and a reputation that precedes him with adversaries who know he’ll try the case if a fair settlement isn’t offered.
Professional Affiliations: New York State Trial Lawyers Association, New York State Bar Association, Bronx County Bar Association, Queens County Bar Association, National Trial Lawyers Association.
Education: Brooklyn Law School, J.D. (1985).
FAQs: Weather, Liability, and Your Rights
Does snow or rain automatically make a property owner liable?
No. The question is whether they acted reasonably: timely snow/ice removal, warning signs, inspections, and repairs. Failure on those basics is negligence.
If I fell during an active storm, do I still have a case?
Possibly. Some entities delay obligations during a storm, but dangerous interior conditions (tracked-in water, lack of mats, poor lighting) and post-storm refreeze often create liability. It’s fact-specific — that’s why early evidence matters.
What if my car skidded — is it my fault?
Not necessarily. We examine speed for conditions, following distance, visibility, tire condition, and driver conduct. Skidding can be the result of another driver’s negligence (cut-offs, sudden stops) or unsafe road maintenance.
How long do I have to file?
Deadlines vary (and can be shorter against municipalities). Call promptly so we can preserve evidence and file on time.
Why Choose The Law Offices of Norman Gershon
- 35+ years of courtroom results — the lawyer other lawyers call to try their hardest cases.
- Tens of millions recovered for crash and premises victims, including eight-figure verdicts.
- Hands-on, trial-focused strategy from day one: preserve, investigate, build, and try.
- Client-first communication: clear explanations, fast callbacks, and compassionate advocacy.
When weather turns careless choices into catastrophic injuries, you need a lawyer who sees the whole picture — from storm radar to surveillance, from medical causation to closing argument — and knows how to win with it.
Contact Us
If you were injured in a weather-related car crash or slip-and-fall in Westchester County or New York City, put 35 years of trial experience to work for you.
The Law Offices of Norman Gershon
Call: (914) 485-1444
Free consultation. No fee unless we win.
Norman Gershon — the attorney other lawyers call to try their toughest cases.
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