Though the months of winter can be fun, with magical days playing in the snow or staying warm inside, they can create many issues and dangers across the United States. One of the biggest threats of winter is ice, which can turn any pathway or floor into a death trap. Icey patches can often be hard to spot, and walking on them unprepared can lead to a slip and fall accident. Often times the injuries from these accidents are minor, but there is a very real possibility for severe injury. This is why the law holds property owners responsible for safe conditions on their property, and requires those property owners to eliminate slippery surfaces so that they don’t harm visitors. If you have slipped on ice on someone else’s property, you may have a valid premises liability claim which can allow you to seek compensation for your injuries.
Ice related slip and fall accidents are most common in parking lots and sidewalks outside of businesses. Areas that are shaded from the sun can stay icy for days unless otherwise treated, and can catch anyone off guard. Under premises liability, the owners of these pathways have a duty of care to anticipate accidents that could occur as a result of snow or ice, and eliminate the hazards. Duty of care is a legal term referring to the responsibility we hold in society to ensure that our actions do not endanger others.
The question when trying to determine premises liability is whether the property owner was negligent or not. Negligence occurs when someone fails in their duty of care, and this failure leads to injury. The burden is not that the property owner stop the accident, but merely that they take reasonable action to prevent it. However, the question of what is reasonable action can be complicated to answer. There is of course, also an expectation that the visitors will take reasonable precautions to avoid injury themselves, and tread carefully when there is ice or snow around.
If you have been the victim of a slip and fall accident caused by ice or snow, you should contact an attorney with skill and experience in premises liability. An experienced attorney such as the Personal Injury Attorney Atlanta GA locals trust will be able to break down the details of the accident, and determine the applicable laws. They will then create the strongest claim possible, and ensure that you receive compensation for any injuries or damages caused by someone else’s negligence.
A special thank you to our partners at Andrew R. Lynch P.C. for their extensive insight into Employment law and Personal Injury.