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Taking action after an icy sidewalk accident

In the cold winters, premises owners have a responsibility to take reasonable action in order to ensure that their property is safe for all that visit it, no matter the weather. Unfortunately, however, many property owners and business owners fail to prepare adequately for the adverse weather conditions.

When a property owner runs a business from the property and does not clear the entrance and ensure that it is not slippery or icy, it can lead to a customer having a dangerous fall as a result. They then might suffer pain and have to pay medical costs through no fault of their own. They can, therefore, make a case to recoup these damages from the business that is to blame.

What is the duty of care?

In order to establish a valid case for recouping damages from a slip-and-fall accident involving ice, it must be proven that the premises owner did not exercise their full duty of care. This means that if there was a large patch of ice on the owner’s property that they either knew about or should have known about, they have the duty to do something about it. For example, if they salted the ice instead of removing the ice completely and there was a fall as a result, then they would have failed to exercise their duty of care.

If you have had an accident on a commercial property due to snow or ice, it is important to consider whether you believe that the owner exercised his or her duty of care before the accident took place. If they did not, then they might be liable and may need to pay you for damages.

Source: FindLaw, “Winter Hazard: Falling On Ice and Snow,” accessed Feb. 14, 2018


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