During periods of heavy snowfall, pedestrians walking around outside need to be aware of the potential slip and fall dangers associated with icy conditions. While liability in slip and fall cases can be challenging to prove, there are certain guidelines that property owners must adhere to or risk legal action should an accident occur. Let’s look at the risks associated with icy conditions on private and public property and some tips on how individuals can prove property owners failed to exercise reasonable care.
Property Owner Responsibility
Property owners are legally obligated to exercise reasonable care to ensure their properties are free of dangerous conditions that could lead to injuries or harm. This includes taking preventative measures against slippery surfaces or icy pathways.
For example, suppose property around a home or business remains icy after a storm has passed. In that case, the owner knows, or should know of the hazardous conditions icy conditions can create for pedestrians. Therefore the property owner is required to warn of the hazard and take reasonable steps to eliminate the hazards associated with slipping and falling. In most cases, failure to do so could result in liability for injuries due to unsafe conditions.
Proving a Duty of Care
When it comes to slip and fall cases, individuals will need to prove a duty of care was breached by the property owner in order for liability to be established. This includes proving the following:
- How the property owner had actual or constructive knowle of the hazardous condition
- How they were negligent in removing or controlling the hazardous condition
- How these negligent actions and conditions led to your injury
By proving all three of the elements above, an injured victim may be successful slip and fall claim against a negligent property owner.
Documenting Your Evidence
For those who have been victims of an ice-related slip and fall, it is essential to document any evidence that could help support a claim for damages. This can include photographs of the scene of the accident, measurements to document the size and placement of the dangerous patch of ice, and statements from witnesses who observed the incident. It is also helpful to record any medical care that was received as a result of the accident. Every detail can have an impact on the successful resolution of a legal claim, so it is important for victims to retain comprehensive documentation if they wish to pursue their rights under the law.
How Our Premises Liability Attorneys Can Protect Your Rights
If you’ve been injured due to a slip and fall on another person’s property, it is in your best interest to contact an experienced premises liability attorney at Viloria, Oliphant, Oster & Aman L.L.P. as soon as possible. They can help to ensure that all necessary steps are taken for filing any claims for economic damages associated with medical expenses or lost wages.
Additionally, if the property owner’s negligence is found to be reckless, punitive damages may also apply in some cases. We will be able to evaluate your case and advise you of all potential legal remedies available.
If you’ve been injured in a slip and fall accident and sustained serious injuries, call us today at (775) 227-2280.