Recovering Damages After in a Slip and Fall on an Icy Sidewalk

Pedestrians who are injured due to slipping and falling on ice or snow may have the right to recover monetary compensation. Property owners have a general duty to maintain their premises in a reasonably safe condition. This duty typically includes clearing snow and ice from sidewalks, walkways, parking lots and other areas accessible to the public. However, the law provides owners with a defense, recognizing that snow and ice removal is not always feasible while a winter storm is in progress.

Under the ongoing storm rule, property owners are generally not required to clear snow or ice from public walkways until a reasonable time after the cessation of precipitation. What is a “reasonable time” generally depends on factors such as the severity of the storm, the time of day and the availability of snow removal resources. Courts have considered timeframes ranging from a few hours to a full day, depending on circumstances. Municipal ordinances may also establish specific deadlines for clearing snow from sidewalks, which property owners must adhere to in order to avoid liability.

While the ongoing storm rule provides property owners with a limited defense against a damages lawsuit, injured pedestrians may be able to rebut it with the aid of a skilled personal injury attorney. One way is to gather evidence that the hazardous condition pre-existed the storm. For example, if a sidewalk was already covered in ice from a prior snowfall that the property owner failed to address, the ongoing storm rule may not apply. Property owners have an obligation to address lingering hazardous conditions, and failing to do so could result in liability if an injury occurs.

Another way to rebut the ongoing storm defense is by showing that the property owner’s own actions exacerbated the dangerous condition. For instance, if a property owner negligently piles snow in a way that leads to ice accumulation on a public walkway, or if melting and refreezing create an unnaturally hazardous condition, the property owner may be found responsible for any resulting injuries. Also, it could be shown that the property owner undertook snow removal efforts negligently, such as by shoveling away snow — which to some extent provides traction — thus leaving ice patches exposed.

If you have been injured in a slip and fall accident on an icy or snowy surface, consult an experienced attorney to help you obtain the financial compensation you deserve. Kevin T. Kutyla, Esq., based in Succasunna and Newton, represents clients throughout Morris and Sussex counties. Call 973-940-8970 or contact me online to schedule an appointment.