Slip and fall accidents are very common in the winter months since most of the public places will be covered with ice and snow. If you ever suffer a slip and fall accident on ice and snow in a public place, there are certain things you need to know about the personal injury claim you can make.
The Duty of the Property Owner in Safeguarding His Property
It is a known fact that every property owner has the responsibility to exercise reasonable care for his property, especially in places where the public is supposed to be entertained. This includes the regular inspection of the property to ensure it is safe for those who come inside the property. He is supposed to maintain the property clean of any hazardous materials that can pose a threat to any visitor.
In the winter season, slip and fall accidents are prone to happen in the sidewalks and parking lots. Usually, the property owners will make agreements with plowing companies to ensure that the sidewalks and parking lots are kept free of snow and ice, making it safe for the pedestrians. Whether it is this company in charge or the owner himself, they must ensure that there are periodic inspection and cleaning of the areas to ensure the safety of those who walk in that way. This must be done at regular intervals to reduce the risk of slip and falls. If the responsible party fails in doing this, it will be considered as negligence on their part.
At the same time, the pedestrians should also take care while they walk through the snowy or icy area. If not, there will be less chance for them to recover after the slip and fall because the rule of comparative negligence will be in effect.
Reasonableness in a Slip and Fall Accident
Regarding the removal of the ice and snow, the reasonable thing to expect of a property owner, and the reasonable thing a pedestrian should expect to face will depend on the place in which the accident occurs. It will be different for different places. In some places, there is the ‘natural accumulation’ rule, which will exempt the landowner from being held liable for a slip and fall accident.
You can recover the damages that you suffer in a slip and fall accident in a snowy or icy surface. You will be able to get back the amount you have spent on the medical treatment after the accident. You may also be able to recover the lost wages if you can prove it with documentary evidence. The personal injury damages that can be recovered will vary depending on the individual case that is under consideration.