If You Slipped And Fell On Snow And Ice…
If you slipped and fell on snow and ice you may be confused about what to do, and what your rights are. These accidents can cause injuries ranging from strains and sprains, to dislocations and broken bones, to even death. The challenge from a legal standpoint with these cases is establishing liability. The fact that you slipped and fell on snow and ice does not mean you have a case worth pursuing. Some slip and fall cases are worth pursuing, and some are not. Here are examples of both:
Examples of snow and ice cases that are not worth pursuing
Slips and falls that take place on public sidewalks and streets are generally not worth pursuing, no matter how serious the injury. These accidents seem to happen all the time to people. These claims generally are not worth pursuing because they have caps on damage recoveries. Also, these claims have strict filing deadliness and failure to adhere to the deadlines can forever bar the claim.
Even if the fall happened on private property, and you were injured, a claim is not worth pursuing if there is no medical treatment. That is because in order to prove your damages there must be medical records to support the fact that you were injured.
Examples of snow and ice cases that are worth pursuing
If you sustained injuries from slipping and falling on snow and ice on private property, then you may have a claim. As long as it can be shown that the property owner failed to use reasonable care in clearing the snow and ice, and you were injured as a result, liability can be established. If it can be shown the property owner failed to clear the snow and ice that caused your injuries, or failed to clear it sufficiently, then reasonable care was arguably not followed.
Also, even if you were partly at fault for your injuries, you may still have a claim. As long as you are considered not to be more than 50% at fault, then your claim may be viable.