Slip and fall on ice and snow accidents fall under premises liability in personal injury law, which generally holds property owners liable in these cases. If you have suffered a severe injury in a slip and fall on ice and snow accident, speak with a slip and fall accident attorney to immediately discuss your legal right to compensation.
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Generally, premises liability states that property owners are responsible for injuries caused by unsafe conditions. If property owners fail to protect guests, visitors, workers, and volunteers, they may be held financially liable for damages relating to injuries or wrongful death resulting from the accident.
The owner of any business or property where a slip and fall on ice and snow accident occurs may be liable. In these cases, four typical property owners are liable: homeowners, landlords, business owners, and municipalities.
If you slip and fall on snow and ice at someone’s house due to their negligent actions, the homeowner may be financially liable for your injuries and damages. The homeowner’s property insurance may be responsible for covering all of your medical expenses and other losses relating to the accident.
Landlords and property managers, especially in apartment complexes, are usually responsible for keeping walkways, driveways, and parking lots clear of snow and ice. Unless your lease states that you are responsible for shoveling and salting pavement, the landlord or property manager may be liable for your claim.
Business owners have a higher duty of care to ensure the safety of their property because it is open to the public. They are responsible for protecting guests from foreseeable hazards, such as slip and falls on snow and ice accidents on their sidewalks and parking lots.
Business owners are responsible for adequately training employees or hiring services to keep customers safe during hazardous winter conditions.
A municipality is a local government unit within a state that provides services to a specific population area. For example, Baltimore is an independent city, separate from any other county in Maryland.
If you slip on snow and ice on municipal public property, a government agency may be liable for your injuries. Ask a local premises liability attorney to clarify this liability.
Establishing negligence involves proving the four elements of negligence: duty, breach of duty, causation, and damages. Your slip and fall attorney will demonstrate the following:
Insurance companies and courts will explore many factors when considering negligence. Everyday negligent acts involved in slip and fall on ice and snow cases include:
Not implementing a company plan to handle snow and ice or black ice removal from parking lots and heavily trafficked areas is a factor that may make a business liable for the accident.
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Damages are monetary and non-monetary losses caused by an accident resulting from someone else’s negligence. Damages you may recover in a slip and fall on snow and ice accident claim include:
All medical expenses associated with your slip and fall accident are recoverable damages in your insurance claim. Some expected medical expenses are:
Out-of-pocket expenses, including copays, prescriptions, and over-the-counter pain-relieving medications, are recoverable economic damages in a slip and fall claim. Provide copies of these receipts to your slip and fall attorney to ensure maximum compensation.
Income losses experienced due to injuries sustained in a slip and fall on ice and snow accident are also recoverable damages, such as:
Diminished earning capacity is another income loss factored in when injuries sustained from the accident affect future earnings. It refers to income you have not yet earned and will be unable to earn because your injury impairs your ability to work.
Property damages suffered in your slip and fall on ice and snow accident may also be compensated for in your settlement. These include cell phones, headphones, smartwatches, clothing, or any other item of value damaged or destroyed in the fall.
General or non-economic damages are non-monetary losses from your slip and fall accident. They can be more challenging to prove because they lack a paper trail. However, an experienced slip and fall attorney may recover losses, such as:
Surviving wrongful death victims may be awarded damages for loss of consortium. Loss of consortium is typically associated with a surviving spouse’s loss of companionship, intimacy, protection, and marital relations. It can also mean loss of physical benefits, including household partnership services like cooking, cleaning, and childcare.
Slip and fall on ice and snow accident attorneys work for contingency. They require no upfront costs and only get paid for their work if they successfully secure you an insurance settlement.
Schedule a free consultation to speak with a skilled personal injury lawyer about your case and determine your right to financial compensation.
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