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If you are subject to a DC slip and fall in snow, you may have a claim against a negligent party. These are not always easy cases, but it is always advisable to speak with a DC slip and fall lawyer to discuss your options. A Washington, DC, winter can be a beautiful thing. Picturesque views of monuments, visiting local coffee shops, and spending time outdoors with family are a few of the worthwhile activities you can participate in. And while the District is generally good at maintaing sidewalks of snow, there are times when it is not as good. This is especially true for private businesses like a coffee shop, grocery store, or restaurant. But just because you slip and fall in snow, does this necessarily mean you have a case? We must evaluate the liability given the totality of the circumstances.
A DC slip and fall in snow can result in serious injuries. You may suffer soreness, broken bones, or even a traumatic head injury. Not only does this result in serious pain, but it can leave you with expensive medical bills, an inability to go to work to pay for those bills, and potentially even an inability to support your family. Our DC personal injury lawyers understand what you are going through, have handled hundreds of cases just like yours, and stand ready to help you navigate this process. This includes avoiding the common mistakes that can undermine the viability of your claim. Whether we settle your case or take your case to trial, know that we will leave no stone unturned in getting you the compensation you deserve. Below, we explore common causes that can lead to a viable claim, how to evaluate liability, and more.
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The common causes of slip and falls in snowy conditions that we discuss here can each be a cause of action for your case.
One key part of the analysis is whether you are contributory negligent in actions leading up to the fall. This is a defense available to almost any defendant in a claim for personal injuries. This rule holds that you are barred from recovery if you are even 1% negligent in your fall. This makes any DC slip and fall in snow a more difficult case to win. With this rule in mind, we turn to the six most common causes of slip and falls in snowy conditions.
An uncleared sidewalk or walkway can potentially be a cause of action for a DC slip and fall in snow. However, just because this happens to you does not mean you have a case. What if it is still snowing when you slip and fall on a store’s premises? Not much can be done if the snow is still falling down. DC tort law does not place an unreasonable burden on a defendant. Thus, the question becomes what is a reasonable time in which the store must clear a sidewalk or walkway? This question is fact-dependent. Determining the answer hinges on a range of factors. It is always best to discuss this question with your attorney.
When evaluation an injury involving an uncleared sidewalk or walkway, consider whether that was the only ingress/egress route to the building. If so, it may not be contributorily negligent for a plaintiff to walk through that route despite their being snow or ice. On the other hand, if there is another route that is cleared, the defense may successfully raise a contributory negligence argument, barring your right to recovery.
Black ice formation may actually be an easier case than an uncleared sidewalk or walkway. The reason being that you are less likely to be found contributorily negligent. The essence of black ice is that it is nearly invisible to the eye. Thus, while a reasonably prudent person does tread carefully fi he knows there is the potential for ice, who is to say you are not doing just that when you slip and fall on black ice? On the other hand, recall that we must prove that the defendant was negligent in not salting, sanding, or otherwise making the walkway safe. This can be challenging if our argument also hinges on it being invisible to the human eye. To navigate this process, contact a DC slip and fall lawyer today.
Inadequate snow removal makes for a great case of negligence from a liability standpoint. While the injuries can be gruesome, it is a more compelloing case. The reason for this is it fits into the definition of negligence. If one breaches a duty of care, and that breach is the proximate cause of your injury, you likely fit the definition of negligence. An uncleared sidewalk is arguably more difficult because we must prove that there was a duty owed to begin with. Remember, no duty is owed if it is still snowing, or if it just stopped snowing. Meanwhile, a careless job may still leave parts of the walkway covered in snow, leaving a pedestrian no choice but to try their luck on the snow-filled walkway.
Daytime melting followed by nighttime freezing can create unexpected ice formations. This can create a legal duty for the owner of the premises to rectify. A failure to rectify the danger can constitute a legal breach of duty. The melt and refreeze cycle puts us right back into the section discussing black ice formation. Generally, it is a thin layer of ice that is practically undetectable. However, just because it is difficult to detect does not mean it will not lead to a DC slip and fall in snow. This is likely the most slippery surface that leads to a slip and fall case. Whether you have a case for a fall after a melt and refreeze cycle will depend on whether the walkway is witihn the premises of the defendant, and whether they knew or should have known of the hazard.
Poor lighting conditions by itself can be a way to place liability on a defendant for your slip and fall. When you combine poor lighting conditions with snowy or icy ground, you have a situation conduce to causing injuries. This is especially true because it is more difficult to see a patch of ice. Key factors contributing to poor lighting conditions include:
Our DC slip and fall lawyers have handled countless cases involving a DC slip and fall in snow. Below, see some of the many reasons why you should hire a DC slip and fall lawyer for snowy accidents.
Call our office today for a free case consultation at (202) 331-7227. Founded in 1954, we have recovered over $150 million for our clients, achieving justice in Washington, DC, Maryland, and Virginia.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.