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Question of Fact Whether Snow Removal Contractor Created Hazardous Condition by Inadequate Salting

In a slip and fall case, the First Department determined there was a question of fact whether defendant, who contracted to provide snow and ice removal, had created or exacerbated a hazardous ice condition by not adequately salting the ice:

…[T]he record presents a triable issue of fact as to whether Waldorf owed plaintiff a duty of care by having “launched a force or instrument of harm” in failing to exercise reasonable care in the performance of its snow and ice removal duties … . The evidence, including photographs and videos taken at the scene of the accident showing the icy condition and deposition testimony that there was no sand or salt in the area where plaintiff fell, raises questions as to whether Waldorf had adequately salted the … pathway, and therefore, whether it created or exacerbated the hazardous ice condition… . Jenkins v Related Cos LP, 2014 NY Slip Op 00727, 1st Dept 2-6-14

 

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