01/23/2022
It's wintertime, and with wintertime comes ice and snow. Please be careful and aware of your surroundings when you are either walking or driving. There is a common misperception that if you slip on ice outside someone's home or business that person or business is responsible for your injuries. Unfortunately, it is much more complicated.
If you slip on ice, the first issue is how did the ice get there. If the area was out in the open and the ice was the result of snow or sleet, it would probably be considered a "natural condition," or an "Act of God." Generally, this type of situation would mean that you couldn't recover for your injuries from the owner of that property.
In order to recover for a fall on slip and ice you must prove that the landowner did something that caused the ice and snow to accumulate in the area where you fell. Since that issue might not be readily apparent, the best thing to do if you have fallen on snow or ice is to take pictures of the area where you fell, especially if it is close to a down spout or an area where it appears that snow was shoveled. Show the pictures to an attorney so that they can try to determine if the snow was created by someone else's negligence.
If you report the slip and fall to the owner of the property, don't speak to an insurance adjuster because they have been trained to get you to say things that will hurt your claim.