Slip and Falls Due to Ice

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1. Winter Slips and Falls: Who is Responsible for Icy Sidewalk Injuries?

REVIEWED BY

C. William Kenny

January 01, 2025

Board certified by National Board of Trial Advocacy

Winter Slips and Falls: Who is Responsible for Icy Sidewalk Injuries?

When snow and ice accumulate on walkways, the risk of slips and falls increases significantly. Unfortunately, these falls can lead to serious injuries, including broken bones, sprains and concussions. If you have suffered an injury due to an icy sidewalk, you may be wondering who is responsible for your accident. In this blog post, we will discuss the legal aspects of sidewalk injuries during the winter months and how liability is determined.

Understanding Premises Liability

Premise liability law holds property owners responsible for maintaining safe conditions on their property, including sidewalks and walkways. In many cases, if someone is injured on a property due to unsafe conditions, the property owner could be held liable. This includes injuries caused by ice and snow on sidewalks.

However, who is legally responsible for clearing ice and who is liable for injuries, depends on several factors. This includes the location of the accident, the condition of the property and whether the property owner or another party had a duty to maintain the area.

Who Is Responsible for Snow and Ice Removal?

In general, property owners, whether residential or commercial, have a responsibility to clear snow and ice from sidewalks to ensure safe passage for pedestrians. However, the specifics can vary depending on local laws, the type of property and any agreements in place.

1. Private Property Owners:
   Homeowners typically have a duty to clear snow and ice from their sidewalks in front of their property. If a visitor, delivery person or passerby slips and falls on an icy sidewalk outside of a home, the homeowner could be held responsible for failing to maintain a safe walking surface. However, there may be exceptions based on local ordinances, which could shift responsibility to the municipality or impose specific time frames within which snow and ice must be cleared.
2. Commercial Property Owners:
   For businesses, it is generally expected that they maintain clear and safe walkways in front of their storefronts. Commercial property owners are often held to higher standards when it comes to snow and ice removal. If someone falls in front of a store or office, the business owner could be liable for not clearing the walkway or salting the area appropriately. Some businesses hire contractors to remove snow and ice, but the business owner remains responsible for ensuring the work is done properly and in a timely manner.
3. Municipalities:
   In some cases, the responsibility for clearing public sidewalks falls to the local government. In cities and towns, municipalities may have ordinances requiring them to salt or clear major sidewalks in high-traffic areas. However, in many cases, the city or town may not be liable for injuries caused by icy sidewalks, unless there is a proven issue of negligence, such as failing to follow local snow-removal regulations.

Negligence and Your Injury Claim

When pursuing a personal injury claim for a winter slip-and-fall, the key is to prove negligence. To win a case, you must demonstrate that the responsible party (property owner, municipality, etc.) was negligent in their duty to maintain the walkway.

• Failure to Act: The property owner may have known about the ice or snow but did nothing to remove it in a reasonable amount of time.
• Unreasonable Risk: The presence of ice or snow posed an unreasonable risk of injury, and the responsible party failed to take steps to mitigate the hazard.
• Notice: The responsible party should have known about the icy conditions because they were present for a reasonable amount of time.

What to Do After a Winter Slip and Fall Injury

If you have slipped and fallen on an icy sidewalk, here is what you should do:

1. Seek Medical Attention: Even if you do not feel injured immediately, it is crucial to see a doctor after a fall.
2. Document the Scene: If possible, take photos of the icy conditions and the surrounding area.
3. Report the Incident: Notify the property owner, landlord or business owner about the accident.
4. Contact an Attorney: A personal injury lawyer can help investigate the circumstances of the fall and determine who is liable for your injuries.

Recovering Compensation After a Fall

Winter slip-and-fall accidents can lead to serious injuries, and determining who is responsible for the injury can be complex. Whether it is a homeowner, business owner or municipality, the party responsible for maintaining safe walkways may be liable for your injuries. 

If you have suffered a slip-and-fall injury, contact the experienced personal injury attorneys of Berger and Green to help you navigate your options and pursue the compensation you deserve. 

There is never a fee, unless we win your case.