If you slip and fall on ice and snow, you might be entitled to compensation just as you would be for other slip and fall accidents. Below are some of the things that determine whether you can succeed with your claim.
State laws
To a great extent, state laws determine whether or not you can claim damages after slipping and falling on ice or snow. Some states, such as Illinois, hold that the accumulation of snow or ice is a natural phenomenon. Thus, human beings should not be held liable for accidents caused by natural phenomena. Collecting damages from such states is difficult unless there are extenuating circumstances.
Victim's Conduct
As the victim of the accident, your conduct also determines whether you can collect damages. Everyone knows that snow and ice are slippery, and slippery surfaces can trigger slip and fall accidents. Therefore, you are supposed to take reasonable care while walking on snow and ice. Without such care, you become responsible for any injuries you might suffer.
For example, you should not wear slippers while walking on slippery surfaces. Running on slippery surfaces also increases the risk of slipping and falling. Thus, if you did any of those things at the time of your accident, you will find it difficult to hold the property owner liable for your injuries.
Property Owner's Conduct
The conduct of the property owner will also come into question. In many cases, the property owner will only be liable for your injuries if the owner did something to affect the natural accumulation of the snow or to change the shape or size of the accumulated snow.
Consider an example where a property owner shovels snow from one side of the fence and dumps it on the other side. You may be able to hold such a property owner liable for your injuries if you slip and fall on such snow. Another example is if the property owner fails to take care of their roof, causing improper drainage of water that ends up freezing and causing an accident.
Location of the Accident
Lastly, the location of the accident also determines whether you can hold the property owner liable for your damages. For example, some jurisdictions hold property owners responsible for maintaining and keeping sidewalks safe. In other jurisdictions, the responsibility belongs to the local government.
As you can see, it is possible to get compensated for ice and snow accidents, but it is not a given. Consult a personal injury lawyer to help you pursue your damages if you have suffered such an injury.
