Slip and Fall on Ice and Snow—Who is Liable?

As the chill of winter sets in, snow begins to fall, and ice forms on roads and walkways, the risk of accidents increases. Slip and fall accidents are one of the most common winter injuries. They often lead to significant bills and emotional distress. 

Property owners, business owners, and even local governments must take steps to prevent these risks. 

Understanding how liability works in these cases can help you pursue justice if you are injured.


What Constitutes a Slip and Fall Accident on Ice and Snow?

To understand slip and fall on ice or snow, it’s essential to first define what constitutes an accident in these conditions. These accidents typically occur when an individual loses their footing due to snow, ice, or slush on a walking surface.

Common Locations for Winter Slip and Fall Accidents

A winter slip and fall accident happens when a person loses their balance because of slippery surfaces caused by ice, snow, or freezing rain. These falls are dangerous because they can result in severe injuries, especially when the victim falls backward or lands on their head. 

Common locations for these accidents include sidewalks, parking lots, staircases, and building entrances. If these areas are not properly maintained, they present a serious risk to pedestrians.

In New York, where heavy snow is common during winter, these accidents can be even more prevalent. Property owners in this area, whether residential or commercial, must be incredibly diligent in clearing walkways to prevent injury.

Negligence in addressing dangerous conditions can lead to legal consequences.

For example, a sidewalk in Long Island covered in ice after a storm may seem like a minor hazard, but if a property owner fails to salt or shovel it promptly, they could be held liable for injuries that occur. 

Local ordinances often dictate how quickly snow should be removed from public spaces like sidewalks, and if the owner fails to meet these requirements, they can be found liable for injuries.

Types of Injuries Caused by Slip and Fall Accidents

An injured man lying on the road after a fall due to black ice during the winter season.

When you slip and fall on ice or snow, the injuries can range from mild to severe. Some of the typical slip and fall injuries include:

Common Physical Injuries

  • Sprains and strains – A twisted ankle or pulled muscle from an unexpected fall.
  • Fractures – Broken bones, particularly in the wrists, arms, and legs, are shared when people try to break their fall. A wrist fracture is prevalent when someone tries to catch themselves while falling.
  • Concussions – A head injury from hitting the ground can result in a concussion or more serious brain injuries. Concussions can lead to long-term complications like dizziness, memory loss, or difficulty concentrating.
  • Back and neck injuries – The force of the fall can lead to spinal injuries, which can result in long-term pain and suffering. This type of injury can be debilitating, affecting a person’s ability to work, perform daily tasks, or enjoy their life.
  • Facial injuries – When individuals fall face-first, especially if they fall on hard surfaces, they can suffer from broken teeth, jaw injuries, and cuts or bruises on the face.

Emotional and Psychological Effects of Injuries

Aside from the physical injuries, there can be emotional and psychological effects. Survivors may suffer from post-traumatic stress, depression, or a fear of walking on ice again. This can contribute to a more significant emotional and financial burden.

The physical and emotional toll of winter accident injuries is why it’s so important to seek legal help if you’ve been hurt. An experienced attorney can help you recover compensation for both medical expenses and the emotional effects of your injuries. 

It’s important to document these impacts for your case, as courts may consider them when determining the extent of your damages.

Impact on Healthcare and Insurance Costs

The financial burden doesn’t stop with the injured individuals. Medical insurance providers, including Medicare and private insurers, also bear a significant portion of these costs. Winter slip and fall accidents are a major driver of insurance claims, and the total economic impact is substantial. This underscores the importance of property owners and businesses taking proper precautions to prevent such incidents.

Regional Differences and High-Risk Areas

Certain regions of the country experience higher rates of winter slip and fall accidents due to their harsher winter conditions. For instance, states in the Northeast and Midwest, including New York, Michigan, and Massachusetts, experience frequent snowstorms, freezing rain, and icy conditions, contributing to higher slip and fall rates. 

In these areas, property owners and business owners are legally required to clear snow and ice within a specific time frame after a storm to prevent accidents.

Key Factors in Determining Liability

A woman slipping on an icy path in a snowy winter park, falling and lying on the ground, highlighting the danger of seasonal injuries.

Determining liability isn’t always straightforward when someone falls on ice or snow. Several factors play a role in identifying who is responsible for maintaining safe conditions. 

Property owners have a duty of care to keep their premises safe for visitors. This includes confirming walkways are clear of hazards like ice and snow.

Significant Factors That Influence Liability

The most significant factors in determining liability for a slip and fall include:

  • Negligence in snow and ice removal: If property owners fail to clear snow or salt walkways after a storm, they may be found negligent. If snow piles up and freezes over, the danger increases, as it becomes harder to walk safely. Property owners are responsible for removing snow and ice promptly, and failure to do so can lead to liability.
  • Weather conditions: Even if snow or ice has just accumulated, the property owner must act within a reasonable time to clear the area. If it is clear that an owner had time to remedy the situation but failed to do so, they may be held responsible for any injuries that occur.
  • Timing of snow/ice removal: If the property owner took reasonable steps to clear the area after a storm but conditions were hazardous, they may still be liable. The time lapse between the storm and the action taken to clear the area is important in assessing liability.

Failing to comply with these regulations could increase liability. For example, some municipalities require that snow be cleared within a specific number of hours after a storm ends, and failure to meet that deadline could result in significant legal consequences for the property owner.

Premises liability holds property owners responsible for injuries that occur due to unsafe conditions on their property. Property owners must take reasonable steps to maintain a safe environment, including clearing ice and snow from walkways.

Reasonable Care and Comparative Negligence

The reasonable care standard is often used to determine if the property owner acted appropriately. A jury or judge may consider whether a reasonable person would have taken the same precautions to avoid accidents. 

In winter weather negligence cases, this standard is applied to determine whether the property owner acted with reasonable care in maintaining walkways during hazardous weather conditions. If they did not, they could be found negligent.

Comparative negligence may also be involved. This legal concept allows the jury to assess how both parties contributed to the accident. If both the property owner and the injured party share responsibility, damages may be divided proportionally.

Who Can Be Held Liable for Slip and Fall Accidents?

The following parties can be held liable for slip and fall accidents:

  • Property owners and landlords: If they own or control the premises, they are generally responsible for maintaining safe conditions. In New York, where winters can be harsh, landlords of residential properties have a heightened responsibility to clear snow and ice from walkways, parking lots, and entrances. Failure to do so can expose them to significant liability.
  • Business owners: Commercial property owners have a heightened duty to keep their premises safe for customers and employees. For instance, business owners must ensure that their parking lots and entryways are safe during winter weather. If someone slips and falls on their property due to negligence in snow removal, the business owner can be held liable.
  • Government entities: In some cases, public property owners (like the government) may be responsible for maintaining sidewalks and streets. 

Defenses to Liability in Slip and Fall Cases

In a slip and fall case, the defendant may argue several defenses to avoid liability. 

Some common defenses to slip and fall cases include:

  • Storm in progress rule: This rule exempts property owners from liability if snow or ice accumulation occurs during or immediately after a storm and they have no reasonable time to address the hazardous conditions.
  • Assumption of risk: The injured party may have knowingly put themselves in a dangerous situation (walking on ice while wearing inappropriate footwear). If they assumed the risk, they might not be entitled to damages.
  • Contributory negligence: If the injured party is found partly responsible for the accident, their recovery may be reduced.

Steps to Take After a Slip and Fall Accident

A slip and fall accident report on a notepad, with details about the incident, injuries, and other relevant information for documentation.

After a slip and fall accident, be sure to take the following steps:

  1. Get medical help: Even if you don’t think you’ve been seriously injured, getting checked out by a medical professional is worth it. Some injuries, like concussions or fractures, may not be immediately apparent.
  2. Report the accident: Notify the property owner or manager about the incident and make sure they document it. If the accident happened on public property, report it to the appropriate government agency.
  3. Document the scene: Take photos of the area where you fell, showing the ice or snow and any contributing factors.
  4. Get witness statements: If anyone witnessed the accident, ask them for their contact information. Witnesses can provide important testimony about the conditions of the area at the time of the fall.
  5. Consult with an attorney: Contact a personal injury lawyer to help you with the legal process and protect your rights.

One of the primary challenges in winter slip and fall cases is proving negligence during adverse weather conditions. Property owners often argue that the conditions were too dangerous to address immediately. However, they must act within a reasonable time frame.

Another challenge is proving that the property owner failed to take reasonable steps to prevent accidents. In some cases, the property owner may claim they did their best to maintain safe conditions but were not liable because of the storm or other weather-related factors.

How an Experienced Slip and Fall Attorney Can Help

An experienced slip and fall lawyer can help you with your winter accident claim in many ways. They will gather evidence, such as photographs, witness statements, and medical records, to support your case.

Attorneys can also negotiate with insurance companies and other parties so you receive fair compensation for your injuries, lost wages, pain and suffering, and medical expenses. They will represent you in court to achieve the best possible outcome if necessary.

Call to Discuss Your Slip and Fall Case Today

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By understanding the factors contributing to winter injury claims and seeking the help of an experienced personal injury lawyer, you can protect your rights and secure the compensation you deserve.

If you’ve been injured in a winter accident, don’t wait—contact a lawyer who handles ice and snow injury cases. Call (631) 451-7900 today to schedule your free consultation. 


Filed Under: Slip and Fall Accidents

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