Failure to Remove Snow and Ice: Slip and Fall Cases

slip-on-iceWith winter weather rolling in across the United States, it is important to recognize the laws that may apply to the particular conditions. Among the concerns that may arise is the possibility of slipping and falling on a patch of ice or snow, which results in an injury. When you are injured due to a slip or fall on snow or ice, working with an injury attorney may be the best way to manage the situation.

Locate the Responsible Party

A slip and fall on snow or ice can seem complicated if you do not have a clear individual or company who is considered negligent or responsible for the incident. Before you seek the help of an attorney, find out who was responsible for your accident. Factors to consider include:

  • The building where the slip and fall took place
  • The location of the fall
  • Who was responsible for shoveling, icing and other preventative measures

If your injuries took place near a particular building, then the responsible party is the owner or renter of that building. For example, if you slip on the ice directly outside the door of a store, then the store owners are liable. However, if the slip occurred on the sidewalk between stores, then it may be more difficult to determine who was responsible in that situation.

Evaluating the Weather

A store or home owner may not be considered negligent or liable if the slip and fall occurs in the middle of a snow storm or while there is snow falling. If it is not reasonable to remove the snow due to the weather, then your case may be dismissed. Evaluate the weather before you seek legal assistance to determine if you may have a legitimate case.

Proving Negligence

Proving that the individual was negligent is the key to making a personal injury claim. If it is not snowing at the time that you slip and fall, then you may be able to file a claim with the help of a personal injury lawyer. Pictures of the scene immediately after you fall, witness statements or any official reports can help establish negligence based on the situation.

During the winter, it is possible to slip and fall on patches of ice or snow. If your injuries occur due to the negligence of a business or an individual, then you may be able to make a claim. A personal injury attorney can help determine if you have a case and the actions that are appropriate in your situation.