Accidents Caused by Winter Weather

In many parts of the country, winter weather brings colder temperatures and the potential for dangerous conditions. We discuss one such hazard that increases during the winter months: personal injuries caused by winter weather.

We cover property owners’ responsibility for addressing hazardous conditions like ice and snow. We also discuss the legal standards for proving negligence and the steps to take after an accident. It’s important to get legal assistance in a premises liability case. An experienced premises liability lawyer in your area can help you build the strongest case so that you can focus on your recovery.

Common Winter Weather Hazards

Winter weather conditions contribute to various accidents. Each presents a unique set of challenges for personal injury claims. These hazards include the following:

• Car accidents: Black ice, fog, snow, rain, and sleet can reduce traction on the road and impair visibility. This increases the likelihood of automobile accidents.
• Slip & fall accidents: Freezing rain, snow, ice, and sleet can make parking lots, sidewalks, entryways, driveways, and walkways slippery. This can lead to fall injuries.
• Pedestrian accidents: Puddles and high snowbanks can force pedestrians to walk in dangerous areas. This can sometimes lead to accidents.

Weather plays a significant role in personal injury cases, including premises liability cases. Maintaining stability becomes challenging when ice forms on surfaces like parking lots, sidewalks, store entryways, and walkways. It’s no surprise that wintertime weather creates conditions that make it more likely that you will sustain serious injuries, such as:

• Broken bones
• Concussions
• Sprains
• Spinal cord injuries
• Traumatic brain injuries

You can sustain a personal injury even if you pay close attention and proceed cautiously.

Responsibilities of Property Owners in Winter Weather

Ice, snow, sleet, and other winter weather can create hazardous conditions that significantly increase the chances of slip-and-fall accidents. Business owners and other property owners, such as homeowners and landlords, can be liable when they fail to exercise reasonable care in maintaining safe conditions to prevent a winter slip and fall.

Slip and fall accidents during wintertime weather often happen when property owners fail to clear their premises of dangers, including ice, sleet, snow, or other elements. In general, premises liability law doesn’t require property owners to be responsible for all injuries on their property. However, the law requires property owners to exercise reasonable care under the circumstances. Otherwise, they can be found negligent and therefore liable for damages, including your medical expenses, lost wages, and other allowable damages.

Legal Standards for Proving Negligence

Weather alone isn’t enough to establish liability in a personal injury action. Several legal standards govern premises liability claims. Property owners must take reasonable steps to maintain their premises in a reasonably safe condition.

For example, this duty of care extends to removing ice and snow accumulation after a snowfall. It also extends to any other winter weather-related condition on the property that reasonable property owners would attend to.

If a property owner can’t immediately address a dangerous condition caused by winter weather, the owner should provide proper warning signs alerting visitors to proceed cautiously. When a property owner fails in their duty of care, you may be able to bring a successful case to recover damages caused by the owner’s negligence.

You must meet the applicable legal standards to build a successful premises liability case. Specifically, you must prove negligence. The particular legal standards you must prove for negligence include the following:

• Duty of care
• Breach of the duty of reasonable care
• Causation
• Damages

A property owner’s negligence can result in fall cases, causing personal injuries. This may lead to significant medical bills and loss of income. You may be able to recover even if you were partly responsible for the accident.

Steps To Take After a Winter Weather Accident

If you sustained an injury from a fall due to winter weather, you should take several critical steps.

Seek Medical Care

Always seek medical attention and go to any follow-ups. Delaying medical care can complicate your legal claim and worsen your condition. Keep excellent records of your medical treatments and how the injury has impacted your day-to-day life.

Gather Evidence

To win your case, you must prove that the property owner was liable for your claim because they failed to keep the property safe. Because a premises liability case is a personal injury case relating to unsafe conditions, you must prove your case with evidence.

After a winter weather accident, gather evidence. Such evidence can include:

• Photographs and videos of the accident scene
• Maintenance records, incident reports, and police reports
• Witness testimony
• Insurance policies
• Expert witness testimony
• Pay stubs and tax returns
• Medical bills
• Any other evidence to support your claim

Gathering evidence can be a complicated and time-consuming process, especially while you are trying to recover from an injury. Hiring a premises liability attorney can help tremendously.

Get Legal Help From a Personal Injury

Contacting a premises liability lawyer in your area is critical. Since premises liability laws differ in every state, legal assistance can be essential. Many personal injury attorneys will even offer a free case evaluation.

An experienced premises liability lawyer can help you with steps to take when pursuing a claim against a defendant or their insurance company. A lawyer can provide legal advice and help you understand your rights.