Who is at Fault for a Slip and Fall on Ice?
Black ice creates a hazard for pedestrians, as it is difficult to spot. A slip and fall on an icy patch can result in injuries such as fractures, concussions, and even spinal cord injuries. Meeting with a slip and fall lawyer can help you determine who is liable for your fall. Here is more information about who can be held liable for your ice-related slip and fall accident:
Property Owner
Location factors into who can legally be held responsible for a slip and fall accident. If you fall on the ice on the sidewalk in front of a privately owned company, the owner may be held liable for your accident. If your fall occurs in a snowy parking lot, the parking lot owner may be liable. Residential property owners are also responsible for the upkeep of the sidewalk in front of their homes.
Property owners have the responsibility of taking reasonable measures to keep their pathways, buildings, and the sidewalk in front of their property safe. This is known as a duty of care. A property owner’s duty of care includes keeping their section of the sidewalk, their parking lot, and their privately owned pathways clear of snow and ice.
Let the property owner or company manager know about your fall as soon as possible. If you are in a condition to do so after your accident, take pictures of your injuries and the ice that caused you to fall. Note the weather conditions and your location. If there are witnesses nearby, get their contact information. Bring all this evidence to a consultation with a slip and fall lawyer. The lawyer will use this evidence to determine liability. Our lawyers at Philly Slip and Fall Guys offer free initial consultations with our clients.
Snow Removal Company
The natural accumulation rule refers to the length of time that property owners are expected to have snow cleared from their property. The length of the snowstorm and the size of the property are factored into this amount of time. A business or private property owner may hire a snow and ice removal company to maintain the area and parking lot around their property. If the company fails to do so within a reasonable time limit, the snow company may be entirely or partially liable for your accident, along with the property owner.
City Government
If you fall on a patch of ice on a city-owned property, it is possible for the local municipality to be held at fault. City governments are responsible for maintaining public property. A court is able to rule a municipality as negligent if they do not keep public sidewalks in safe conditions. City property includes the following areas:
- Public sidewalks and streets
- Public roads
- City parks
- Public transportation
To begin a claim against a municipality, file a notice of claim first. The notice of claim should include details about your accident and your intent to claim damages. To prevent the claim from being rejected, file the notice within the set deadlines established by the city. For Philadelphia, this deadline is six months after your accident. A lawyer will inform you about municipality liability and help you meet the deadlines for your claim.
Damages
Damages is the term for the financial compensation you can receive from the liable party after your fall. You may be entitled to receive compensation for your medical bills and lost wages. Compensation for emotional and physical pain is known as non-economic damages. This includes emotional trauma from your experience.
To help determine the amount of compensation you are entitled to, gather any information about your medical bills and other related financial costs. This includes medical bills, evidence of lost wages, and medical prescriptions. If your injury has limited your ability to do favorite hobbies, create a list of these events and collect related medical information. Bring this information to your slip and fall lawyer.
If you think you are partially responsible for your accident, consult with your lawyer. Pennsylvania’s comparative negligence act allows you to receive some compensation if you are 50% or less at fault for your fall. A judge or other legal entity will deduct the percentage you are at fault for the damages you receive. During your consultation, your lawyer will go over your case. They will determine if you fall within the parameters for partial compensation.
Talk to a Slip and Fall Lawyer
A slip and fall lawyer is able to assist you through the legal process of seeking compensation. Philly Slip and Fall Guys is familiar with premises liability law. We will act as your representative for the liable party’s insurance company. This includes handling communication and negotiating for a fair settlement. If you are looking for legal counsel after an ice-related fall, we invite you to fill out our online form or call us today.
