Premises Liability Cases Related to Ice and Snow

When injured on the property of another, it is often possible to initiate a claim for reasonable compensation. If the injury is due to snow and/or ice, however, the possibility of compensation may increase or decrease depending on the knowledge or foresight of the property owner. The owner or controller of the property will need to remove the danger within a certain period of time to remain free from liability.

Foreknowledge of the Ice and Snow

When the owner has knowledge or foreknowledge that ice and snow are possible, he or she may act negligently when not clearing up the danger for others that may travel through or in the property. This usually involves guests, invited individuals and others that will have appointments or are guests of adjoining suites in a building. However, many accidents also occur in the parking lot, on stairs or with icy and slick locations that are on the external portion of the property. Any foreknowledge that the ice or snow is a hazard can lead to liability in paying compensation to the injured party.
 

Time to Clear the Danger

When the owner or controller of the property knows that ice or snow will accumulate with the parking lot, on the stairs or other locations on the property, he or she usually has up to 48 hours to get rid of the hazard before becoming liable for damages. Even if the weather appears suddenly or is something the owner expects, the laws for both state and federal rules will apply this period to ensure the owner has the ability and time to act. After the effective 48 hours, the owner or controller of the location could retain all responsibility for injuries that happen.
 

Controlling the Accumulation

Accumulation of ice and snow usually requires either a storm to come in or time for the weather to provide the accumulation. The property or landowner usually has up to 48 hours to remove the accumulation to prevent a lawsuit. However, if the weather increases the amount or the owner does nothing to stop the accumulation, it is possible that anyone that suffers an injury on the property has the ability and right to sue the company or owner. Any measures to remove the snow or ice are reasonable and may go against the possible compensation or ability to recover with the plaintiff.

Foreknowledge of the Snow or Ice

Generally, the owner of the property or the controlling party will have some knowledge that ice or snow is likely or that it will occur on the property. The weather pattern, news or current storm may give an indication that now or ice is imminent or may become a problem. This foreknowledge usually works against the property owner or controller in a premise liability case when the ice or now harms a person on the property. The more right the individual has with proximity to the vicinity, the greater his or her case may remain in light of foreknowledge of the ice or snow.
 

Reasonableness in the Courtroom

Coupled with the foreknowledge of the ice and snow on the premises is the ability to affect a reasonable change in light of what accumulates on the property. If there is a snow or ice storm that will occur, the property owner can place down salt, sand or another substance to help prevent freezing or slick surfaces. However, he or she may not have the opportunity or time to do so. Other measures can occur that support the removal of the danger such as taking an ice pick and slowly removing accumulated frozen water.

What the premises owner does is taken into account by the judge or jury along with the knowledge that the ice or snow may cause someone to slip and fall. When considering the premises liability, the courtroom must also ensure that the owner has the ability, means and reasonable efforts to prevent someone suffering an injury. One of these methods could also include a form of insurance for those that do suffer physical harm when crossing the property. This may depend on the state and what is available to the premise owner.
 

Suing the Premises Owner for Ice and Snow

Related cases for slips, falls, sliding down slick areas and injuries for any combination of factors involving ice and snow usually lead to a lawsuit if the injuries are extensive. Hiring a lawyer is the next step if this person needs to sue the premises owner.

Provided by HG.org

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