Cold Weather is Coming, Along with Icy Sidewalks

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August 23, 2017
 
Fall is right around the corner and cold weather comes with a host of liability issues. If you live in a part of the country that experiences freezing temperatures, slippery driveways, and icy sidewalks, you may have questions about your responsibility to keep them clear.

Generally, if the snow and ice have naturally accumulated, and there was no fault by a property owner (e.g., water from a garden hose freezing over the sidewalk), then it’s possible the owner will not be held responsible for a slip and fall accident. After a storm,
businesses and property owners have a reasonable window of time to shovel snow and use some form of ice removal on their sidewalks, driveways, and parking lots.

State laws differ on who’s responsible for clearing public sidewalks. Some say the city is responsible, whereas other states are less clear. If you live in one of the states with less than clear laws, then it’s possible that the city and the property owner could both be held responsible.
 
Slip and fall cases can be difficult to win in court. If you have fallen, make sure to document the area, and file your claim quickly as the time limits of doing so are short. If you fell on government property, it could prove more difficult to recover damages due to governmental immunity. Bottom line, make sure you immediately take pictures of where the accident occurred, then speak with an attorney who specializes in personal injury law.