Falling on ice cases are usually complex mainly because snowfall occurs naturally, not due to negligence or recklessness. That said, the fact that snow occurs naturally does not mean that no one is responsible for the injuries you or your loved one sustained.
On the contrary, property owners usually have a legal responsibility to ensure their properties are safe. This legal responsibility is known as “duty of care.” In this case, the property owner must exercise a reasonable duty of care to prevent slips and falls at the property.
When determining liability, the court will consider whether the property owner exercised a “reasonable” duty of care. Keep in mind that the keyword here is “reasonable.”
For example, the property owner might have taken steps to protect the property from slips and falls on snow. However, the question of whether or not these steps were reasonable will depend on the circumstances of the case.
The property owner may also be responsible if they were negligent. In most cases, it is usually the property owner’s or manager’s responsibility to ensure that the property is safe in times of snow. They can do this by hiring snow removal companies to get rid of the snow from public areas on the property.
For instance, suppose the snowfall lasted a whole day and then stopped. In that case, the property owner may be judged to have been negligent if they failed to clear the snow a week after the last snowfall.
The issue of liability will also depend on the State where the incident occurred. Some States use the “natural accumulation” rule when determining liability in such cases. This rule relieves a property owner of liability in cases involving the natural accumulation of snow and ice. Even so, the court will consider whether the property owner or manager interfered with the natural accumulation of snow in any way that increased the plaintiff’s risk of slipping and falling.
The bottom line is that it is difficult to determine liability in such cases, which is why it is always advisable to contact an experienced slip and fall attorney for legal advice and guidance.