In a video posted on TikTok (click here to watch), John DeGasperis, attorney at New York Injury Law, breaks down a situation many New Yorkers can relate to. A man leaves his rental home, steps onto icy stairs, and slips hard.
At first glance, some people might assume the injured person is at fault—especially because he’s wearing flip-flops in winter conditions.
But the law isn’t that simple.
Landlords have a legal duty to maintain common areas, including stairs, walkways, and entryways, so tenants can safely get in and out of their homes. If ice is allowed to accumulate and the landlord had notice—either because they knew about it or because it existed long enough that they should have known—that failure can amount to negligence.
Yes, footwear will almost certainly be raised as a defense. Insurance companies love to argue that an injured person “should have known better.” But improper footwear does not automatically eliminate liability. New York law looks at comparative fault, meaning responsibility can be shared. Even if a tenant made a poor footwear choice, a landlord can still be held accountable for unsafe conditions.
As John explains, these cases are often very winnable when the facts support notice and neglect. Ice-related injuries are preventable, and landlords who ignore dangerous conditions should be held responsible.
An experienced personal injury attorney can evaluate whether proper maintenance procedures were followed and whether evidence like weather records or surveillance footage supports your claim.
If you or someone you love was injured on icy rental property, the details matter—and the right legal guidance can make all the difference.
