What Duties Do Property Owners Have Regarding Ice And Snow Removal?

Slip and fall accidents happen all the time.  Often, they are the fault of the victim, merely because of their own carelessness.  However, there are times when a property owner or possessor should have corrected a dangerous condition on the property to make it safe for visitors.  In that situation, a slip and fall accident victim should consult a premise liability attorney to determine if there are grounds to file a premise liability lawsuit. 

Even in winter’s ice and snow conditions, a slip and fall accident should be referred to an accident lawyer.  This falls under premise liability law and is very complex, which makes it difficult to predict whether a slip and fall accident victim can pursue a premise liability lawsuit.  Premise liability merely refers to whether a claim can be filed against the owner, renter, or manager of a property or premises for a slip and fall accident. 
 
Owner/Possessor’s Responsibility in a Slip and Fall Accident
On both residential and commercial property where there is a slip and fall accident, it is a premise liability attorney's job to discover who is responsible for the condition that caused the slip and fall accident.  Slip and fall accidents are caused by many dangerous conditions such as wet spots, torn carpets, cracked sidewalks, inadequate lighting, uneven flooring, and more.  In some circumstances, ice and snow may cause a slip and fall accident.

The general rule for premise liability is that one of three conditions must exist for an owner/possessor to be charged with premise liability in a slip and fall accident case.  The owner/possessor must have:

• Caused the dangerous condition that resulted in a slip and fall accident, thereby providing grounds for an injury lawyer to file for premise liability
• Known about the dangerous condition that resulted in a slip and fall accident and left it uncorrected, thereby providing grounds for an injury lawyer to file for premise liability
• Allowed property maintenance to lapse beyond what is reasonable, leaving a dangerous condition uncorrected and leading to a slip and fall accident, thereby providing grounds for an injury lawyer to file for premise liability

Ice and snow conditions are a bit different from other standard conditions under premise liability law and may require the advice of a lawyer. Generally, an owner/possessor is not responsible for ice and snow.  It is often assumed that reasonable people would either not be out in dangerous conditions, would dress appropriately for the conditions, or would assume liability for being out in dangerous conditions.  However, many states and their injury lawyers determine that if there is an unusually dangerous icy condition on the owner/possessor’s property, and the owner/possessor knows about it enough in advance of a slip and fall accident, it is reasonable to expect the owner/possessor to correct the condition. 

In addition, if an owner/possessor chooses to clear the ice and snow from the premises, they cannot do so negligently.  For example, if ice and snow are removed to a location that can then melt and refreeze, creating a dangerous condition they have not met the requirements to keep thier property safe.

Finally, if the owner/possessor cleared the property of snow and ice, but one or more dangerous patches remain, and the owner/possessor was warned of those dangerous patches yet chose not to correct them, the premise liability attorney of a slip and fall accident victim may be able to charge premise liability.

Premise Liability Process
If you believe you are the victim of a slip and fall accident on someone else’s property, be sure to document the conditions surrounding the accident as soon as possible.  Then consult a premise liability attorney to decide if that slip and fall accident may due to premise liability.