BLOG NUMBER 19.38
The accumulation of frozen precipitation like ice and snow often yields hazardous environments. If said materials are not routinely cleared away from various external areas, you could slip, fall, and potentially sustain major and debilitating physical injuries.
Civil law provides safeguards enabling you to seek compensation against those demonstrating accident-inducing malfeasance or negligence.
Civil actions stemming from injuries are categorized as personal injury cases. However, slip and fall incidents come in under the auspices of a specific facet titled premises liability.
Duty Of Care
Civil law mandates that property owners employ a legal principle known as duty of care. This means that said proprietors are obliged to provide a healthy and safe environment for those who visit such locations. Proprietors are individuals or establishments that own places like:
- Private homes
- Apartment buildings
- Condominium complexes
- Government entities
In addition to the safe environment mandate, those owning the aforementioned entities must also warm property or establishment frequenters of any impending dangers.
For example, if a specific exterior location on said premises contains any type of hazard, the owner has the civil and legal duty to warn others of its existence. Should the proprietor in question fail to exercise such precautions, they could possibly be held legally accountable and be required to compensate the victim for their injuries.
Who Could Be Held Responsible?
The responsibility for maintaining a duty of care can fall on the shoulders of the specific property owners. Specific cases include:
If you own a private home, then the burden of proof may be on you to ensure potential pitfalls like snow and ice are continually cleared from external areas designating within the confines of your property.
If you own a business, you may be held responsible for proof that you made sure any outdoor reaches of the building or grounds were made safe and secure in the case of a slip and fall.
Multi-Family Unit Property Managers
Individuals or companies charged with managing multi-family units like apartment buildings and condominium complexes carry the duty of keeping all commonly used locations free of icy precipitation.
Government-owned properties must be adequately maintained by the specific federal, state, municipal, or local entities owning said locations.
Areas Requiring Remediation
Typically, you will be responsible for cleaning any external feature on a given premises. However, common locations include:
- Parking lots
In residential constructions like apartments and condos, such features might also include individual building steps and pet walkways.
Personal injury cases are predicated on you and your legal team’s ability to clearly show a dangerous situation existed, the accused party failed to rectify or warn visitors or patrons of said problem, the injuries you seek resulted from the fall and cannot be traced to any other physical injury or ailment, and the compensation sought is related to those injuries.
Your chances of winning significant compensation largely hinges on your capacity to:
You will need to present a discernible amount of evidence to a ruling body such as a jury or judge.
Such proof should take the form of carefully crafted notes discussing the conditions, in addition to the period immediately preceding the accident. Furthermore, you should snap photos of the location in question and obtain the contact information of any reliable eyewitnesses or other injured parties.
Seek Prompt Medical Attention
Moreover, you must seek an immediate medical assessment. A quick evaluation tying any injuries to a precipitous fall greatly heightens your chances of being awarded notable damages.
Consult With A Personal Injury Attorney
If you feel the incident resulted from another’s wrongdoing, you are implored to quickly bring such concerns to a personal injury lawyer’s attention.
Preferably, said legal professional should possess extensive experience arguing slip and fall cases. Such subjects can review your case, determine the validity, devise strategies, and formulate an argument.
Contact Us For Slip and Fall Support and Consultation
If you have been injured in a slip and fall, please contact us. Swenson Consulting has the background, experience, and knowledge to provide factual support regarding details of snow and ice and the circumstances pertaining to the effects of snow and ice on slip and fall situations.
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