Injured on an Icy Sidewalk? Here’s What the Law Says About Liability

Winter brings snow, but it also brings dangerous hazards like iced walkways. Slipping on an icy sidewalk or in the snow can lead to serious injuries, such as back injuries, fractures or head trauma. If you’ve been injured, you may wonder if there are legal options for compensation. The answer depends on several factors such as whether the property owner was responsible for maintaining the sidewalk, or what circumstances led to a slip. This article discusses the legal aspects of suing someone for an injury caused by slipping and falling on a slick sidewalk.

Understanding Premises Liability

According to the premises liability principle, property owners and occupants are responsible for maintaining their properties at a safe level. This responsibility could extend to public sidewalks adjacent to their property, depending on local laws. If property owners fail to remove ice and snow in a timely fashion, they may be held responsible for any injuries caused by hazardous conditions.

Duty of care for property owners

It depends on the jurisdiction whether or not a property owner is required to remove snow and ice. In many areas, property owners are legally required by law to maintain sidewalks adjacent to their properties. This includes clearing snow and ice. These are the key factors:

1. Local OrdinancesIn certain municipalities, property owners must remove snow and ice within a specified time frame after a storm. Failure to follow these rules can be considered negligence if someone gets hurt.
2. Justifiable efforts Even if no ordinance is in place, property owners must still take reasonable steps to ensure that sidewalks are safe. To warn pedestrians about potential hazards, it may be necessary for property owners to shovel the snow, to apply salt or sand, or to place warning signs.
3. Exceptions There are exceptions, such as in the case snow and ice. In some jurisdictions, property owners are only liable for injuries caused by unnatural or dangerous accumulations. Ice from a leaking rain gutter or improper drainage, for example.

Factors affecting liability

To determine whether you can sue for slipping on a slick sidewalk, you must take into account several factors:

1. As quickly as possible, snow should be removed.

The majority of property owners receive a reasonable amount of time to clear snow and ice after a storm. It can be hard to prove negligence if you slip shortly after a storm.

2. Nature of the Hazard

The sidewalk was covered in snow. Was the condition natural or was it dangerous because of an unnatural condition, such as water which ran off and frozen? It is more likely that the property owner will be held responsible for injuries caused by dangerous conditions they created or failed to correct.

3. Victims’ actions

Your actions before the slip-and-fall incident may affect your liability. You can do this by:

• What footwear should you wear in snowy weather conditions?
• Have you ever paid attention to your surroundings?

If you are distracted or didn’t exercise reasonable caution, your compensation may be reduced by the laws of comparative negligence.

4. Ownership and Control

Owners or managers of adjacent properties are responsible for maintaining sidewalks. In certain cases, the municipality or local authorities may be responsible for maintaining the sidewalks.

Proving Your Case

You will need to establish these elements in order to sue for an injury that you sustained when you slipped on a slick sidewalk.

1. Duty of Care It is your responsibility to maintain and keep the sidewalk reasonably safe.
2. Breach of Duty The property owner failed to take reasonable steps to correct the hazardous condition. By not removing snow and ice, for example.
3. Causation Negligence on the part of the property owner is directly responsible for your slip-and fall injury and any subsequent injuries.
4. Damages You must have suffered actual harm as a direct result of your accident. This includes medical costs, lost income and pain and discomfort.

Proof to Support your Claim

Evidence is crucial to building a strong case. The following are examples of evidences that you should consider:

• As soon as you fall down, take photos of the slippery or icy sidewalk to document its dangerous condition.
• Witness Statements: Contact any witnesses who may have witnessed the accident, or can testify to the condition of your property.
• Weather Reports: Make a note of the weather conditions on the day prior to the incident. You can use this information to determine when the snow started falling.
• Medical Records: Keep a record of your injuries and treatment to help you prove your damages.
• Maintenance Records: If possible, obtain records showing if the owner of the property has taken any steps to clean the walkway.

Snow-related injuries: The legal challenges

Slip-and-fall cases involving snow and ice present unique challenges.

1. Natural Accumulations In some jurisdictions, property owners are not liable for injuries caused by accumulations of snow or ice. You must show that the hazard was unnatural or that the property owner failed to take reasonable steps to correct it.
2. Comparative Negligence You could have your compensation reduced if you’re partially at fault for an accident. The court could determine that you were partially responsible if you texted when you walked, for instance.
3. Government Immunity It can be difficult for a municipality to sue if they maintained the sidewalk. This is because certain laws protect government entities from lawsuits.

What to do if you slip and fall?

If you slip and fall on a slippery walkway, follow these steps:

1. Seek Medical Attention Your health and safety are our top priorities. No matter how minor the injury, it is important to seek medical attention.
2. Document the Scene Take pictures of the sidewalks and hazards. Take pictures of the signage (or lack thereof) that you see.
3. Report the Incident Inform the owner or local authorities. Request a written report if possible.
4. Consult a lawyer Personal injury lawyers can guide you and help you with your case.

Final Thoughts

You can sue for an injury caused by slipping and falling on a snowy sidewalk, but the success of your case depends on a number of factors. This includes the duty of care owed by the property owner, nature and extent the danger and your own actions. You can improve your chances of receiving fair compensation by understanding the legal principles, and gathering strong evidence. If you believe that negligence played a role in your accident, a qualified attorney can provide you with all the guidance and support you need to pursue your claim successfully. This article was written by Jeanette Secor PA Attorney at Law. Since over 20 years, those who are seeking justice for an injury have turned to the St. Petersburg law office of Jeanette Secor PA. Jeanette Secor is a renowned attorney who specializes in slip-and falls. She has represented clients successfully in motorcycle accidents, car accidents and slip-and fall incidents.