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How do weather conditions affect slip and fall liability?

On Behalf of | Nov 1, 2024 | Premises Liability

Weather conditions can significantly impact the liability in slip and fall accidents. Icy sidewalks, wet floors from rain, and snow-covered pathways all present hazards. Understanding how weather affects slip and fall liability can help determine who may be responsible for injuries.

Property owner responsibilities during bad weather

Property owners have a responsibility to maintain their premises, even during bad weather. This means taking steps to clear snow, salt icy walkways, or place signs near wet floors. If a property owner fails to take reasonable precautions to ensure safety, they may be liable for slip and fall injuries.

Reasonable efforts to maintain safety

The law generally expects property owners to make “reasonable efforts” to keep the premises safe. During extreme weather, this might include shoveling snow within a reasonable timeframe or placing warning signs in wet areas. Courts often look at whether the owner took steps that a reasonable person would take in similar circumstances.

Timing and liability

The timing of the slip and fall can also influence liability. Property owners need time to address hazardous weather conditions. For example, if it just started snowing heavily, owners may not be immediately liable until they have had a reasonable opportunity to clear the snow. However, if the hazard was left unattended for an extended period, it may lead to liability.

Comparative negligence in slip and fall cases

Weather-related slip and fall cases often involve comparative negligence. This means that the injured party may share responsibility if they acted recklessly. For instance, if someone ran across an icy walkway despite visible warnings, their compensation could be reduced because they contributed to their own injury.

 

To avoid slip and fall accidents during bad weather, wearing appropriate footwear, watching for signs, and taking extra caution can make a difference. Property owners and visitors both play roles in ensuring safety, especially when the weather creates challenging conditions.