In Pennsylvania, it’s a given that snow and ice will be part of our winter weather equation. This can mean slippery walkways, steps, parking lots, and public sidewalks. Most weather-related injuries are attributed to slips on ice and snow. But what kind of legal responsibility does a property or business owner have if someone falls and injures themselves because of that ice and snow? Experienced slip and fall lawyers know how complicated these cases can be. Here’s why.
When is a “Slip and Fall” Just an Accident?
Not all slip and fall accidents can be considered for a liability claim.
A slip and fall case will only be successful if it can be proven the owner’s negligence caused the accident. In most cases, a fall caused by a natural accumulation of snow and ice will not be considered negligence, and the owner will have no legal liability.
But what if there is negligence involved? That’s a different story.
What Legal Responsibilities Does the Property Owner Have with Regard to Snow and Ice?
Under premises liability law, property owners are legally responsible for keeping their property free from hazards that could cause harm to others who use it. But during winter weather, that responsibility can be blurred.
Regarding snow and ice, a property owner’s responsibilities are weighed against what would be considered “reasonable.” For instance, it wouldn’t be reasonable to expect a property owner to shovel snow during an active snowstorm. Some local municipalities have ordinances that specify time limits a property owner has to clear their property of snow and ice. Even without local ordinances, courts in Pennsylvania have consistently held that a property owner has 24 hours to remove dangerous snow and ice from their property or notify pedestrians of the potential risks.
In fact, in Pennsylvania, we have a unique law that addresses not when snow and ice must be removed but at what point an accumulation has become dangerous. Commonly referred to as the hills and ridges doctrine, a property owner is protected from liability unless the accumulation of snow and ice on their property has formed hills and ridges that dangerously obstruct regular foot travel.
For the property owner to be liable for injuries under the hills and ridges doctrine, the injured party would have to prove that the hill or ridge had obstructed their travel, that the owner knew, or should have known about the obstruction, and that the obstruction is what caused their accident and injuries.
Considering Other Types of Negligence
Of course, a dangerous accumulation of snow and ice isn’t the only way a property owner can be negligent in the maintenance of their property during winter conditions.
For instance, runoff from a downspout that freezes and creates a slick surface is a liability if the property owner knew about it and didn’t remedy it. Walkways in ill-repair or parking lots with inadequate lighting and large potholes are also a danger to foot traffic during the winter months. A property owner is even responsible for a public sidewalk that abuts their property. If an accident happens due to a dangerous public sidewalk, the property owner can be held liable for any slip and fall injuries.
How Business and Property Owners Can Prevent Winter Slip and Fall Injuries
Property owners are legally expected to exercise care regarding the safety of people who use their property and must take adequate precautions to prevent others from getting injured. But during the winter months, it can be even more critical for owners to take preventive measures to ensure that others aren’t hurt.
So, what should a business or property owner do during winter months in Pennsylvania to ensure the safety of those who use their property?
A property or business owner should periodically inspect the area where pedestrians and visitors walk for snow and ice accumulation. It may even require that they shovel, salt, or clear ice several times a day. Areas of particular concern should be:
- Outdoor walkways
- Public sidewalks
- Stairs
- Parking lots
- Building entrances
- Any paths visitors might take from a parking lot to the building entrance
Property owners must also take special care to avoid dangerous accumulations of snow and ice. They should look out for:
- Clogged gutters that drip onto walkways or gutters that funnel into walkways that could potentially create an ice hazard
- Snow piles from plowed areas in parking lots and curbs that have iced over
- Potholes and uneven pavement in parking lots that collect water and freeze into ice patches
- Broken and cracked sidewalks where ice can form in cracks and holes unnaturally
Salt in ice-prone areas will not only prevent them from freezing over but also prevent any already melted snow or ice from refreezing during winter temperature fluctuations.
Furthermore, property owners should also consider visitors walking inside with wet and snow-covered footwear. Snowmelt and puddles can create slippery conditions where visitors can slip and fall once inside the building. Absorbent rugs and mats should be used at building entrances and posted warnings of “wet floor” can alert visitors of potential slip and fall hazards.
Have You Fallen on Someone’s Property and are Unsure Whether You Have a Slip and Fall Case?
If you’ve fallen because of slippery conditions on someone else’s property, you could be looking at some serious injuries. But, as you can see, these cases can be highly nuanced and fact-specific, and proving negligence can be complicated without help from a slip and fall lawyer.
If you have suffered slip and fall injuries at a business, office building, apartment building, event venue, or private home because of winter conditions, it’s always best to understand your legal rights and know your options. Contacting an experienced Pennsylvania slip and fall lawyer will allow you to discuss your accident and get skilled legal advice. You may be entitled to compensation from the property owner or an insurance slip and fall settlement.
At Silver & Silver, we have spent our careers fighting for the rights of victims and their families. For over 40 years, our slip and fall lawyers have advocated for people who have been harmed because of others’ negligence. If you’ve been injured in a slip and fall accident, we can help. Contact us at (610) 638-7255 or through our online contact form to schedule a free consultation. You never pay legal fees unless we recover compensation on your behalf.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
