When you visit a business during the winter, you have the right to travel in and out of the business with reasonable safety. However, because of the cold weather, ice can make walking treacherous. What liability does the property owner have if you slip on ice when you are on the owner’s property?
Clearing Sidewalks, Walkways, and Parking Lots
A property owner has the responsibility and duty to ensure the property is safe. The owner must take reasonable steps to prevent injuries. In the case of ice and snow, the owner must remove the ice and snow from sidewalks, walkways, and parking lots. Other reasonable measures include spreading salt or sand on surfaces, laying additional rugs at entrances, and putting up signs that warn the public of potential danger from slippering surfaces.
Residential owners are also required to remove snow and ice from the sidewalk in front of their residence. A property owner also has the duty to continually monitor the situation to take additional action, as necessary, to prevent ice from forming or snow from piling up.
Holding A Property Owner Responsible For Falls On Ice?
If you fall on ice while on another person’s property, you may be able to hold the property owner liable for any damages you incur because of your fall. Damages you may be entitled to receive compensation for include:
- Past, current, and future medical expenses, including long-term medical care, physical therapy, medical equipment, and over-the-counter medications and supplies
- Past, current, and future lost wages, including loss of earning capacity
- Mental anguish, physical pain, and emotional suffering
- Scarring, disfigurement, and permanent disability
Even though a property owner has a duty to remove snow and ice from the property, the owner may not be held liable under certain conditions. The court will examine the facts in the case to determine if the owner was negligent. Factors such as the length of time the snow and ice remained on the surface and the length of time the owner had noticed of the snow and ice may be considered along with other factors.
What Should I Do If I Fall On Ice?
If you slip on ice this winter, your first priority is your health. Seek immediate medical attention, even if you do not believe you are seriously injured. Delaying medical treatment can harm your health and your accident claim.
If possible, take pictures of the accident scene before leaving to document the condition of the property at the time of your fall. The owner could remove the ice by the time you return. Report the fall to the owner and obtain the names and contact information for any eyewitnesses. As soon as possible, contact a Bloomington slip and fall attorney to discuss your claim and the possibility of an injury lawsuit.
For More Information About An Injury Lawsuit, Call Today!
You have a limited time to file an injury lawsuit in Indiana for a slip and fall claim. Do not delay calling our office to speak with an experienced slip and fall attorney. You can reach The Ken Nunn Law Office by telephone at 1-800-CALL-KEN or 1-800-225-5536. You may also speak with a representative by using our Live Chat feature. Call now to schedule your free consultation and free case evaluation.