Slip and fall accidents can take place anywhere; however, certain weather conditions are often the deciding factors in bringing about an accident. It is essential for an attorney dealing with a slip and fall claim to understand the different effects that rain, ice, snow, and other kinds of environmental factors have on liability.
The Effects of Weather on Safety
Weather conditions can foster the establishment of dangerous surfaces, such as wet floors, icy sidewalks, or even slippery leaves. If there is no hazardous weather, the responsibility for maintaining safe conditions generally falls on the property owner’s side. However, certain weather extremes can increase or promote risks of accidents and eventually change how claims are evaluated. Heavy rain or sudden development of unexpected ice may be cited as examples for this scenario.
Property Owner’s Responsibility
A property owner is obligated to exercise reasonable care in the maintenance of his premises. Examples are clearing snow and ice off walkways, placing warning signs for wet floors, and removing known hazards as soon as possible. Courts normally look at whether the owner had enough time and opportunity to remedy the weather-related danger before being found responsible.
Documentation, Evidence
With weather conditions, a slip and fall claim can be established or defended. Pictures of the area where the incident took place, weather reports, and witness accounts further help establish context. The detailed documentation is how the environment contributed to the accident; this can further affect insurance settlements or even the final decision in court.
Comparative Fault Issues
Most states, including Florida, apply comparative fault and, in essence, reduced recovery. An injured party might take reduced compensation if it is found that they had not been careful enough, like wearing proper footwear while not venturing into visibly hazardous areas. Findings usually made under weather conditions are then evaluated with actions taken at each stage by the owner and the affected person.
Time of Claims
Weather may also influence the timing of a claim. It often takes time for injuries from slip and fall accidents to manifest, and property owners may well take a wait-and-see attitude toward hazards. Prompt reporting, seeking medical attention, and notifying the property owner or insurance company are key steps to protect your claim.
This article was written by Alla Tenina. Alla is a top Orange County personal injury lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.