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The unfortunate reality is that people slip on snow and ice all the time, especially while at a business or while walking on a sidewalk. Depending on the facts of the case, slip and fall victims in these circumstances may be entitled to fair compensation for their injuries. Let’s take a look at how liability is determined if you slip at a business or on a sidewalk during harsh winter conditions.

General Duty of Care

Property owners generally have a duty to maintain their property in a reasonably safe condition. This includes taking measures to prevent slip and fall accidents caused by snow and ice accumulation.

More specifically, if a certain business or party tasked with maintaining a sidewalk knew or should have known of an unsafe condition created by snow and ice, then the party has a duty to remove or remedy the hazardous condition. If the party fails to do so, and you are injured because of the snow or ice, then the party is liable, or legally responsible, for your accident.

Consider, for example, the scenario where a business has a walkway and parking lot on its property. During a snowstorm, a patron of the store slips in the parking lot and alerts an employee of the business.

Here, the business is now on notice of a potentially hazardous condition in its parking lot due to the snowstorm. It should therefore take appropriate measures to remove the condition, like shovel the parking lot or lay down salt. If it fails to do so, and another person slips and is injured, the business is liable for the accident and can file a claim against the business to recover damages.

Cases Involving Snow and Ice on a Sidewalk

Cases where someone slips on snow or ice on a sidewalk are a little trickier than those involving a business. The hiccup is trying to find the party that is responsible for properly maintaining the sidewalk. Depending on the case, this party could be:

• A commercial establishment, like a retail store, hotel, apartment complex, or other non-government business,
• A residential property, including a privately owned home, condominium, duplex, or townhome, or
• A governmental entity, like a federal, state, or local government that maybe operates a post office building, motor vehicle department, tax office, or courthouse.

Once you find the party that is in fact responsible for keeping the sidewalk in a safe condition, then the analysis is the same as outlined above. The party will be held liable for a slip and fall accident if the party:

• Knew that the sidewalk was unsafe because of snow or ice, and
• Failed to make it safe.

Compensation for Accident Victims

If you can show that a business or other party is liable in a slip and fall accident involving snow or ice, then that party must compensate the accident victim for his or her injuries. Compensation may include payment for such things as:

• Medical expenses,
• Lost wages,
• Future lost earnings,
• Property damage,
• Out-of-pocket expenses, and
• Pain and suffering.

Common Injuries in Slip and Fall Accidents on Snow and Ice

Injuries can vary in slip and fall accidents on snow and ice. However, the most common injuries include:

• Fractured hips,
• Fractured ankles,
• Fractured legs,
• Fractured knees,
• Fractured wrists,
• Torn ligaments and tendons at the ankle, knee, hip, elbow, and wrists,
• Spinal cord injuries, often resulting in some form of paralysis,
• Concussions, and
• Traumatic brain injuries (TBIs).

Questions?

Contact Nelson Injury Law for Help!

If you were injured in an accident, let us shoulder the burden of your case. Your focus should be on healing from your injuries. The skilled injury attorneys at Nelson Injury Law are here to help. Please contact us now for a free consultation.

Eric S. Nelson, owner of Nelson Injury Law, is an experienced trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of your case. Remember, you pay nothing if we do not win your case.