How Can Slip and Fall Attorneys Prove Negligence in Winter Slip and Fall Cases?

Winter is just around the corner, and here in Pennsylvania, that means plenty of snow and ice. But what happens if you fall in these slippery conditions and sustain an injury? Can you hold the property owner responsible for the costs of your injuries and other damages? The experienced Pennsylvania slip and fall lawyers at Silver & Silver are here to answer these questions and more about slip and fall cases caused by winter conditions.

What Defines a Slip and Fall Case?

Falling on slippery surfaces happens every day, especially during the winter. The unfortunate thing about these accidents is sometimes they’re just that – accidents. The fact is that many people slip and fall in icy conditions, and some even sustain serious injuries. But a slip and fall lawsuit isn’t always a given in these circumstances.

A slip and fall case is a type of premises liability lawsuit. Premises liability laws hold property owners accountable for accidents that occur on their property caused by their negligence. But the key here is negligence. To hold a property owner liable, you must be able to prove that their negligence caused the accident that led to your injuries. And this is what can make a slip and fall claim so difficult to prove.

Is a Property Owner Liable for Slip and Fall Injuries Caused by Snow and Ice on Their Property?

Snow and ice can cause hazardous and even deadly conditions for pedestrians. While property owners are usually required to keep their property free from snow and ice on walkways, parking lots, and public sidewalks abutting it, courts consider what is “reasonable” in these cases. For instance, a property owner isn’t expected to clear ice and snow during a storm. In fact, most cities have ordinances that allow property owners a certain amount of time to remove ice and snow on walkways and parking lots.

Furthermore, Pennsylvania has a unique rule called the “hills and ridges doctrine.” This doctrine states that a property owner can’t be held accountable for slip and fall injuries unless they have allowed the ice and snow to accumulate in ridges and elevations for an “unreasonable” period of time. In other words, a property owner isn’t obligated to shovel, plow, or salt surfaces on their property until a “reasonable” time after a snowstorm.

Bottom line: when it comes to snow and ice, there are few absolutes when it comes to property owners keeping their property clear of snow and ice, and “reasonable” can be subjective. Consequently, if you’ve fallen and sustained injuries because of a natural accumulation of snow and ice, you may have difficulty holding the property owner liable. This is where you will need the help of an experienced slip and fall lawyer who understands the nuances of slip and fall cases caused by our Pennsylvania weather to advocate for you.

How Do You Prove a Property Owner Was Negligent?

In order for you to hold a property owner accountable for injuries caused by snowy and icy conditions, you will have to prove a few things:

An unusual accumulation of snow and ice that formed “ridges and elevations” made it unreasonably dangerous to you.
The property owner knew – or should have known – about these conditions on their property.
This accumulation of ice and snow caused your accident and injuries and led to the damages you are seeking compensation for.

Remember that property owners are still required to keep their property reasonably free from hazards. There may be other matters of negligence that could apply to your slip and fall claim that have nothing to do with snow and ice accumulation.

There are exceptions to the hills and ridges doctrine, such as icy hazards caused by leaking sprinkler systems or gutters. The doctrine also doesn’t apply in cases where a property owner’s negligence created other hazardous conditions that may have resulted in your injuries, such as neglected walkways, potholes in parking lots, inadequate lighting, or other hazardous conditions.

Helping Your Slip and Fall Lawyer Help You

Slip and fall lawyers often must rely on their clients for much of the evidence that will be needed to prove a case. Collecting as much evidence as possible is important if you have suffered a slip and fall accident.

If you can, you should:

Report the accident immediately to the owner or manager of the property.
Determine what caused the accident and take photos of it and the surrounding area from multiple angles.
Take photos of your injuries, your clothing, and your footwear.
Keep everything you are wearing unwashed as evidence.
Take down detailed notes about everything that happened and the sequence in which it happened, including the exact time the accident happened.
Take down the names and contact numbers of any witnesses to the accident.
Get immediate medical attention and follow all your doctor’s orders.
Keep receipts of any of your costs associated with your accident or injuries.
Contact a slip and fall lawyer to discuss your legal rights and options.
Let your lawyer handle any insurance claim or slip and fall settlement to ensure you get compensated for everything you are entitled to.

Often, an insurance company will try to step in with an inadequate slip and fall settlement or, even worse, deny responsibility at all. As an injured party, this is when you need a skilled legal advocate who understands the tactics used by the insurance industry and defense attorneys to challenge your claim and their client’s liability. If a fair slip and fall settlement isn’t possible, your lawyer can take the matter to court to ensure you are treated fairly and recover the compensation you deserve.

Hiring the Right Slip and Fall Lawyer

Needless to say, a slip and fall case can be complicated and requires an experienced lawyer who is well-versed in Pennsylvania’s unique laws. Because of the legal nuances of slip and fall lawsuits, hiring a lawyer without extensive experience can be a big mistake.

The experienced slip and fall lawyers at Silver & Silver have been dedicated to the rights of injured victims for over 40 years. We understand the unique subtleties of premises liability law and slip and fall cases and work tirelessly to recover the compensation our clients deserve. If you’ve been injured in a slip and fall accident and need answers, we have them. Call us to schedule a free consultation at (610) 638-7255 or through our online contact form.

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should rely on something other than 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.