Slip and Fall on Ice and Snow – Who Is Liable?

Slip and Fall on Ice and Snow – Who Is Liable?

The property owner is generally liable for slip and fall accidents on ice and snow. A slip and fall accident lawyer will determine who owns the property where you slipped and fell. That party, or their insurer, may owe you compensation for medical bills, pain and suffering, and other fall-related damages.

You need to determine who is liable for your fall as soon as possible and then seek compensation from that party or their insurer. An experienced Connecticut slip and fall lawyer can handle these responsibilities for you while you focus on your health and medical treatment.

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Why Snow and Ice Are Life-Threatening Hazards

Slip and Fall on Ice and Snow - Who Is Liable

Among workers alone, in a single year, there were more than 20,000 injuries from falls related to winter conditions. The total toll of ice and snow-related falls is far greater, and the cost at the personal level can be immense.

Injuries that can result from slip and fall accidents include:

  • Broken bones: Bones in your arms and hands may break as you catch yourself during a fall. Skull fractures, broken hips, and broken tailbones are among the potential fractures you may suffer.
  • Brain injuries: If you hit your head during a fall, you may suffer one or more traumatic brain injuries. These injuries can be particularly dangerous because the symptoms may not be obvious but can be life-threatening.
  • Dislocations: A victim can dislocate their shoulder or other joints because of a fall. These injuries can be extremely painful and may require a long recovery period.

Internal injuries and other ailments can also occur from falls. Any injury requires immediate medical attention, and you should receive fair compensation for all your fall-related medical bills.

What Property Owners Must Do to Prevent Winter Falls

Knowing that falls from ice and snow can cause severe injuries, property owners must take all possible measures to prevent them. A property owner may remove snow and ice on their own, instruct employees to do it, or hire a service to maintain their property.

Measures to keep visitors safe from snow and ice include:

  • Using road salt to melt snow and ice
  • Using heat lamps or other heat sources to melt snow and ice
  • Manually scraping ice
  • Marking off any snow or ice-covered areas where removing the hazards is not possible
  • Instructing employees about how to remove or cordon off snow and ice

Other measures not directly related to snow and ice may also help prevent falls. For instance, ensuring bright lighting throughout a premises may better allow visitors to see and avoid slipping hazards.

Specific Parties Who Can Be Liable for a Slip and Fall on Ice and Snow

One of the earliest steps your lawyer will take is determining:

  1. Whose negligence caused you to fall on ice or snow
  2. Who should pay for the cost of your fall

Those who can be responsible for slip and fall accidents include:

Apartment Complex Owners

Those responsible for apartment complexes and rented homes must:

  • Have detailed safety plans for the winter months
  • Ensure walkways are free of ice and snow
  • Install preventative measures, like heat lamps, if on-site employees cannot manually remove ice and snow
  • Ensure parking lots and other areas of a property are free of dangerous ice and snow

Those who own residential property used by renters must ensure the safety of those renters.

Homeowners

If you slip on ice or snow at someone’s home, the homeowner may be financially liable for your injuries. If the property owner has homeowner’s insurance, their insurance company may need to cover your medical costs and other losses.

Business Owners

A business owner opens their property to the public, which means they must:

  • Take reasonable measures to protect visitors from foreseeable hazards, including slipping hazards
  • Instruct employees about how to handle winter conditions
  • Install adequate lighting and cameras that may reduce the risk of slip and fall accidents

A business owner may not always be on site. Therefore, they must have systems in place (including employees and technology) to help prevent falls on snow and ice.

Municipalities

If someone slips on snow or ice on public property, a governmental body may be liable for the cost of the fall. An attorney will evaluate the facts of your fall to determine who owes you compensation.

Premises Liability Attorney Can Help After an Ice-Related Fall

Slip and fall accidents generally fall under the category of premises liability. Many attorneys frequently represent clients in premises liability cases, and a lawyer can benefit you by:

Your attorney will deal with insurers, civil defense lawyers, and anyone else involved in your claim or lawsuit. Allowing your lawyer to handle communications will:

  • Allow your lawyer to keep pressure on liable parties to resolve your case
  • Ensure that nobody can violate your rights by contacting you directly
  • Give your attorney the complete oversight of your case that they will want

When you retain an attorney, you won’t have to stress about the details of your claim or lawsuit. Your attorney will take on every case-related responsibility, including communications.

Detailing How the Liable Party Contributed to Your Fall

Your lawyer will gather any evidence that helps prove how negligence caused your fall. Such evidence may include:

  • Photographs of the snowy or icy conditions that caused you to fall
  • Video footage of the fall
  • Eyewitness testimony detailing how the fall happened
  • Testimony from those witnesses saw the property owner’s negligence firsthand
  • Your account of the fall, including how snow or ice contributed to it
  • Expert testimony about how the property owner’s negligence contributed to your fall

Each fall accident case presents attorneys with different circumstances. Your attorney will quickly investigate the details of your fall and secure all relevant evidence.

Your fall has likely caused several economic damages, but your non-economic damages may be just as significant. Fall victims may suffer post-traumatic stress disorder (PTSD), perpetual fear of falling again, depression, and other types of pain and suffering.

Your lawyer will calculate the cost of economic and non-economic damages, documenting your damages with:

  • Medical bills and records
  • Expert testimony about your injuries, pain and suffering, and related damages
  • Your account of how the fall has impacted your life
  • Proof of lost income and other professional damages

Your lawyer will secure medical records, employment records, and any other damages resulting from your fall on ice or snow.

Seeking a Fair Settlement from Liable Parties

Your attorney will calculate the cost of your damages and set a settlement target. The settlement demands will reflect both your current damages and any damages that will likely affect you in the future.

Most fall accident cases settle out of court, and your lawyer will craft an in-depth strategy for securing the settlement you deserve.

Filing a Lawsuit for You

Your lawyer will update you about any settlement offers you receive. If the best offer you receive does not cover your damages, your attorney will explain the merits of filing a lawsuit. If you choose to proceed with legal action, your lawyer will draft and file the suit for you.

Going to Court, if Necessary

If you file a lawsuit and your case moves to trial, your attorney will:

  • Complete the discovery process
  • Prepare a trial strategy
  • Present their evidence and witnesses
  • Complete oral arguments
  • Ask the jury in your case to award you a fair financial recovery

Trials are challenging, sometimes unpredictable processes that lawyers are familiar with. Like the rest of your case, your lawyer will lead the trial from start to finish while you continue to recover from your fall.

Your Lawyer Will Need to Prove Negligence Led to Your Fall

In some cases, property owners are not liable for the natural accumulation of snow and ice. Your attorney must prove that a property owner’s negligent actions, rather than conditions beyond their control, led to your fall.

Examples of negligent by property owners include:

  • Allowing gutters, pipes, or other items to leak during winter, causing ice
  • Failing to salt sidewalks within the owner’s property line
  • Failing to provide lighting that can help a visitor avoid ice or snow
  • Failing to remove snow as required by local laws

Negligence happens in many different ways. Your attorney and their investigators will detail every failure that caused you to fall and suffer injuries.

Damages You May Suffer Because of a Fall on Ice or Snow

Injuries caused by a fall may take hold of your life, causing harm that includes:

Damages You May Suffer Because of a Fall on Ice or Snow

Pain and Suffering

Those who suffer falls live through a sudden, unexpected event that may cause terror and pain. The aftermath of your fall may cause several types of pain and suffering, including:

  • Immediate pain from your injuries
  • Chronic pain
  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Anxiety
  • Substance misuse problems
  • Lost sleep
  • Lost quality of life

Your attorney will ensure you receive a thorough evaluation from a qualified mental health professional. That same professional may help your attorney understand the immediate and long-term cost of your pain and suffering.

Medical Costs

Medical bills will be central to your slip and fall accident case. Your bills may result from all fall-related medical services, which may include:

  • Ambulance transport from the site of your fall
  • Emergency medical treatments
  • X-rays, brain scans, and other diagnostic imaging
  • Hospitalization
  • Surgery
  • Medications
  • Rehabilitation

Your attorney will frequently contact doctors to understand your prognosis, receive updated medical documentation, and calculate the cost of your damages.

Professional Damages

Professional damages from fall-related injuries can include:

  • Lost income
  • Lost productivity
  • Diminished earning power
  • Lost progress toward promotions
  • Lost bonuses
  • Lost psychological benefits that you derive from working

Our ability to earn a living is fundamental to our financial security and well-being. If you have lost your ability to earn your usual living, your attorney will reflect this in your case.

If any of your fall-related injuries are disabling, you may:

  • Need various medical equipment, including but not limited to a wheelchair
  • A new vehicle to accommodate your disability
  • Disability-related updates to your home
  • Suffer the permanent loss of income or earning power
  • Need ongoing rehabilitation services
  • Need in-home caregiver services

We know that disabilities increase the cost of an injury. An attorney will consider the long-term consequences of any injuries you suffer, including disabling ones.

A Loved One’s Wrongful Death

A fall can be a fatal event. If you lost a loved one because of a fall-related injury (and the property owner’s negligence), you can hire an attorney to seek compensation for your tragic loss. Recoverable damages may include:

  • Funeral expenses
  • Burial costs
  • Cremation costs
  • Your pain and suffering
  • The decedent’s pain and suffering
  • Loss of a spouse’s companionship
  • Loss of the decedent’s contributions to their household (including security, financial services, and handiwork)
  • Loss of the decedent’s income, employer-provided benefits, and other forms of financial support

While a wrongful death is the worst possible outcome of a fall, any injury from a fall demands justice. You may not have the experience, resources, time, or energy to pursue the financial recovery you deserve. Allow an attorney to lead the fight for you.

How Should I Choose My Premises Liability Attorney?

You can follow a simple list of criteria when seeking a premises liability lawyer for your case:

  • Does the attorney serve the city where my fall occurred?
  • Has the law firm obtained large settlements and verdicts for their clients?
  • Do former clients speak highly of the law firm (or not)?
  • Does the law firm give a positive impression during my free consultation?

Feel free to complete free consultations with any law firms you are considering hiring. You can ask any pressing questions and experience the law firm’s service firsthand.

Slip and Fall lawyer, Brian Flood

Hire Your Slip and Fall Accident Lawyer as Soon as Possible

Premises liability attorneys are always available to speak with you. Your attorney may need to file a lawsuit before a deadline expires, so do not wait to retain your law firm.

Research law firms in your area and identify your personal injury attorney as soon as possible.

Brian Flood

Partner

Brian has dedicated his entire legal career to helping accident victims. By choice, he has never represented the interests of an insurance company.

Author's Bio

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