What if you are injured by a fall on snow and ice on someone else’s property? Can they be held liable for your injury?
Almost everyone who lives in an area that experiences snow and ice will slip and fall on it at one point or another. More often than not, you are able to get up, brush yourself off, and go back to your activity unharmed. But what if you are injured by the fall? And what if the fall happened on someone else’s property? Since they can’t prevent snowfall or freezing temperatures, can they be held liable for your injury?
Responsibilities of a Business Owner
The short answer is no. A business can not be expected to predict inclement weather, and even if they could they are unable to stop the accumulation of snow and ice. In order for a slip and fall claim to be compensable, the plaintiff must be able to prove notice. In other words, they have to show that the business was aware of the liability but did nothing to correct it. If you tripped over a protruding floor tile then there is a good chance that management knew about the condition but had not yet repaired it. If no warning signs were set up around the hazard then they are liable for any injury caused by it. In a case where another customer caused the liability, say by spilling a drink on the floor, a Missouri personal injury lawyer would have to be able to prove that store employees were aware of the spill but did not attend to it in time to prevent an accident.
A store owner can not reasonably be expected to keep his parking lot and walkways free from snow and ice during a storm. In fact, not shoveling it works in his defense as it is a clear hazard that any reasonable person should be able to foresee. They have to be given a fair amount of time to clear the property of accumulated snow and ice.
Be Observant
If you are hurt by slipping and falling on snow or ice, take careful note of its condition. Has it been there for a long period of time? Is it obvious that it has already partially melted and then refroze? Was snow cleared but no preventive measures were taken against ice build-up like sand or salt? If so, then you should consider bringing your case to a Missouri personal injury attorney. Try and get the names of any witnesses to your fall and notify the store of the accident. Insist that a member of the management team or the store owner fill out an incident report and put their name and contact information on it. Try and get some pictures of the area where you fell and the surroundings.
A Missouri personal injury lawyer was able to negotiate a settlement of $187,500 for a casino customer after she slipped on a patch of ice in the parking lot. Lawyers for the casino contended that the fall was the result of natural snowfall and ice, but evidence of employees trying to hose the area clean proved that they were liable for her injured leg and foot. Had she not made note of that there is a good chance she would have been unable to receive compensation.
Missouri Personal Injury Attorney
Do not let inclement weather conditions stop you from pursuing a claim if you are injured from a slip and fall. Bring the details of your case to a Missouri personal injury attorney for review. They have the experience to determine if your injury was caused by an act of God or store owner negligence.
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