Slip and Fall on Icey Driveways, Parking Lots, and Premise Liability

Ice is a hazard which causes many injuries every winter.  Driveways, sidewalks, parking lots, and streets all need to be cleared for pedestrian traffic.  Every personal injury case involves weighing personal responsibility and the responsibility of a property owner to keep his premises safe.  A jury determines and balances what it believes is reasonable behavior for each party. 

There is an expectation that people will use caution when walking on ice.  Anyone running on ice, or walking through a Minnesota winter storm in high heels, is not using reasonable common sense.  Of course, there are situations where a pedestrian may not recognize the icy conditions and may be caught off guard. The expectation from state to state can vary greatly.  Every business owner in Minnesota knows he has to keep his sidewalks and parking lots clear of ice to prevent any possible injuries to customers and he has the necessary equipment and materials to do so.  But every customer in Minnesota also knows that icy conditions are a fact of life in the winter.  Each must do his best to avoid accidents on icy conditions. 

Business Owners and Property Owner Liability

A property owner must shovel and use salt or some other melting agent to clear the walkways, but if the temperature is below freezing, and the snow or sleet is falling, there is only so much a person can do to keep the ice away.  Business owners are expected to take reasonable efforts, and are not expected to be continually salting the ice during a storm. 

Even homeowners must take care of their sidewalks and driveways so that anyone who might come to the door can do so safely.  The standard of care for a homeowner is typically less than a business owner, but there are state laws which require homeowners to keep sidewalks clear and safe for people who must walk to the bus or to school. 

Help from an Attorney for Injuries

If you slip and fall on an icy walkway or driveway, and if you sustain injuries, you may have be entitled to compensation from the business or homeowner responsible for the care of the premises. Often, it is a management company who is responsible for the care of the parking lot and sidewalk of a shopping mall or business.  The injured person would file a lawsuit against the store and it would be the store’s responsibility to try to sue the management company for the negligent care and maintenance of the premises. It can become a blame-assigning endeavor between the parties responsible, or between the insurance companies representing the responsible parties. 

An experienced personal injury attorney can advise as to what is involved in filing a personal injury lawsuit as well as what your chances are for winning your case.  A responsible personal injury attorney will also let you know if your case does not merit a lawsuit.  Rather than assume you have no rights after a slip and fall, contact an attorney and get a professional assessment of your case.

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