Slip and Fall Accidents Involving Snow or Ice

Slip and fall accidents and injuries often occur with snowy and icy conditions.  Most accidents occur outside because of slippery sidewalks, stairs, and parking lots.  Often times the danger is not immediately apparent to the injured victim, as in the case of black ice.  If you or a loved one has been injured in a slip and fall accident that resulted from snowy or ice conditions you need an experienced personal injury attorney to evaluate your case.

Natural Accumulation Rule

The natural accumulation rule states that a property owner has a no duty to remove or warn others of the dangers of snow, ice, or rain accumulation and may not be held liable for any injuries caused by such conditions on their property.  In most states the natural accumulation rules applies to private homeowners, municipalities, business owners, and outside area such as side walks next to private property.  The reasoning behind the natural accumulation rule is that the accumulation of snow and icy are immediately obvious and people should take care and act accordingly.  Because the snow and icy conditions are obvious and a reasonable person can be expect to recognize the danger, a property owner cannot be held liable for slip and fall injuries.

There is an exception to the natural accumulation rule when an owner has knowledge that the natural accumulation of snow or ice has create and dangerous situation the may not be immediately obvious to the average person.  In such a situation the owner may be thought of as negligent because they failed to remove or fix a known dangerous situation on their property.

Invitees who are injured in a slip and fall accident because of snowy or icy conditions are not necessarily entitle to recover monetary damages from the owner, even in states that do not recognize the natural accumulation rule.  Invitee must prove that the property owner had actual knowledge of a dangerous condition involving snow or ice and the owner’s actions, or lack thereof, created unreasonable risk to others.  In addition, if the landowner does not have knowledge of the dangerous conditions or has not had a reasonable amount of time to correct the condition, they cannot be held liable for slip and fall injuries caused by snow and ice.

Unnatural Accumulation

A property owner will be held liable for a slip and fall injury if they create an unnatural accumulation of snow or ice or make a natural accumulation worse.  The main difference between natural and unnatural accumulation is that unnatural accumulation of snow or ice is caused by the act of a person rather than an act of nature.  In order to prove that an unnatural accumulation of snow or ice caused a slip and fall injury it must be shown that the owner created a dangerous situation or added to it and should have reasonably known that their actions created a more dangerous situation than the natural accumulation of snow and ice.

Snow and Ice Removal

When home or business owners attempt to remove snow or ice from their property they must do so using reasonable care.  If an owner tries to remove snow or ice from their property and create a situation more dangerous than the natural accumulation they may be held liable for injuries resulting from a slip and fall injury.  In some cases though, when a property owner takes reasonable care to remove snow or ice, but make the situation worse, they may not be held liable.  If for example an owner spreads salt or sand to clear ice (showing reasonable care) and the ice melts but later refreezes, cause a dangerous situation, the owner may not be held liable because they took reasonable care to remove the ice.

In states that do not recognize the natural accumulation rule, owners must take reasonable steps to lesson dangerous conditions on their property.  The owner must also take steps to lesson a dangerous situation within a reasonable amount of time.  A “reasonable amount of time” will depend on the time of day, type of property, and other factors.

Conclusion

Slip and fall injuries occur quite often in snowy or icy conditions.  The inherently slippery nature of snow and ice make sidewalks, steps, and outdoor surface particularly dangerous.  If you have been injured on another person’s property because of snowy or ice conditions you may be entitled to collect monetary damages to help pay your medical bills and ease your pain and suffering.  Contact a San Diego personal injury attorney for your free consultation today. The Law Office of Howard Alan Kitay serves all of San Diego County and there are no fees until you collect your settlement.

• Overview
• Frequently asked questions
• Common causes of slip and fall accidents
• Liability of retail stores and other businesses
• Duties to entrants owned by landowners and occupiers
• Slip and fall accidents involving snow or ice