Falling on Ice Injuries

Incidents of falls on ice are pretty common, especially in the winter. Therefore, you may be eligible for compensation if you or your loved one has been injured after falling on ice. However, it is also important to note that many different factors will determine your eligibility for compensation and the exact amount you may be entitled to for your falling on ice injuries.

That explains why it is advisable to contact an experienced slip and fall attorney before filing a claim or lawsuit. This is especially important if you suffer serious injuries requiring expensive treatment such as surgery. At Morgan and Morgan, our slip and fall lawyers can represent you or your beloved injured due to someone else’s negligence. However, in order to represent you, we will first need to evaluate your claim to determine whether it is valid. 

What Are Some Common Falling on Ice Injuries?

Some common injuries caused by falling on ice include:

• Back injuries
• Spinal cord injuries
• Head injuries
• Concussions
• Broken bones
• Cuts and bruises
• Neck injuries
• Permanent or partial paralysis

Who Is Responsible for Falling on Ice Injuries?

Falling on ice cases are usually complex mainly because snowfall occurs naturally, not due to negligence or recklessness. That said, the fact that snow occurs naturally does not mean that no one is responsible for the injuries you or your loved one sustained.

On the contrary, property owners usually have a legal responsibility to ensure their properties are safe. This legal responsibility is known as “duty of care.” In this case, the property owner must exercise a reasonable duty of care to prevent slips and falls at the property.

When determining liability, the court will consider whether the property owner exercised a “reasonable” duty of care. Keep in mind that the keyword here is “reasonable.”

For example, the property owner might have taken steps to protect the property from slips and falls on snow. However, the question of whether or not these steps were reasonable will depend on the circumstances of the case.

The property owner may also be responsible if they were negligent. In most cases, it is usually the property owner’s or manager’s responsibility to ensure that the property is safe in times of snow. They can do this by hiring snow removal companies to get rid of the snow from public areas on the property.

For instance, suppose the snowfall lasted a whole day and then stopped. In that case, the property owner may be judged to have been negligent if they failed to clear the snow a week after the last snowfall.

The issue of liability will also depend on the State where the incident occurred. Some States use the “natural accumulation” rule when determining liability in such cases. This rule relieves a property owner of liability in cases involving the natural accumulation of snow and ice. Even so, the court will consider whether the property owner or manager interfered with the natural accumulation of snow in any way that increased the plaintiff’s risk of slipping and falling.

The bottom line is that it is difficult to determine liability in such cases, which is why it is always advisable to contact an experienced slip and fall attorney for legal advice and guidance.

Can I Get Compensation if I Slip and Fall on Ice?

Yes, you may be eligible for compensation if you have a valid case of slip and fall on ice. However, the amount of compensation will depend on several factors, including but not limited to the following:

• Your contribution to the slip and fall incident
• The post-incident steps taken
• The type of negligence State where the incident occurred
• The nature and severity of your injuries
• The kind of legal team you choose to represent you

What Are Some Possible Defenses to a Fall on Ice Lawsuit?

Granted, the other party will not write you a check just because you slipped and fell on their property and suffered serious injuries. Rather, they will try to devise different ways to avoid liability, including blaming you for the incident.

And if you live in a contributory negligence State, you will be barred from recovering damages even if you were only 1% at fault for the incident.

Some common defenses to a fall on ice lawsuit include the following:

• The plaintiff was aware of the dangerous condition but ignored the risks
• The defendant did not owe the plaintiff a duty of care
• The plaintiff contributed to the slip and fall incident through their own negligence or any other way
• The dangerous condition was so open and obvious any reasonable individual in a similar situation would have avoided it
• The defendant had no prior knowledge of the dangerous condition

What Should I Do if I Slip and Fall on Ice?

Because snow and ice melt after some time, it is important to know the steps to take after a slip and fall incident.

You first need to seek immediate medical attention, especially if you have suffered serious injuries. Call 911 and request an ambulance at the scene if necessary.

Do not attempt to walk if you suffer serious injuries. This could lead to further injuries, such as broken bones.

If possible, take photos and videos of the snowy or icy conditions as you wait for emergency medical assistance. This step is critical because, as mentioned, snow and ice melt after some time.

Documenting the accident scene helps give the judge, jury, and even your attorney a clearer picture of the dangerous condition.

Next, contact an attorney as soon as possible. When you contact the slip and fall lawyer, be honest about the incident. Do not exaggerate anything; it could jeopardize your claim.

The attorney will review your case and determine whether you have valid legal grounds to file a slip and fall lawsuit or claim against the other party. If your claim is valid, the attorney will guide you through the next steps, ensuring you receive the compensation you need and deserve after the accident.

How Long Do I Have to File a Fall on Ice Lawsuit?

The statute of limitations for filing a fall on ice lawsuit varies from State to State. For example, in Washington State, you have three years from the date of the slip and fall incident to file a lawsuit. On the other hand, in Florida, you have four years from the incident date to take legal action against the other party. This also explains why it is important to contact an attorney as soon as possible.

Keep in mind that if you take too long to consult an attorney, they will not have enough time to investigate your claim. As a result, you may not have a solid case against the other party, leaving you with no choice but to settle for a lowball offer or nothing.

How Common Are Ice Injuries in the United States?

These injuries are quite common in the country. To put things into perspective, the U.S. Bureau of Labor Statistics estimates that there were about 20,460 cases of work-related slips and falls on ice in 2017 alone.

New York registered the most cases that year, accounting for 14 percent (2890 injuries) of the incidents.

Another study revealed that more than 1 million Americans are injured on ice yearly. The most shocking part is that about 17,000 of these injuries are fatal. 

Can I File a Claim if I Fall on Ice While at Work?

Yes, if you are an employee of the company, you may be able to file a workers’ compensation claim. However, this applies only if you got injured while at work, and if the incident did not occur do extreme recklessness on your part.

However, it is also important to note that when you file a workers’ compensation claim with your employer, you give up your right to file a lawsuit against them. That said, you can only sue your employer if they do not have workers’ compensation insurance or if they intentionally caused the injuries.

For instance, suppose you were arguing with your employer, and then they pushed you, leading to the slip and fall incident. In that case, you may be able to sue them directly instead of filing a workers’ compensation claim.

Which Is Better: Filing a Workers’ Compensation Claim or a Lawsuit?

It all depends on the unique circumstances of your case. Keep in mind that when you file a workers’ compensation claim, you can only recover medical expenses and lost wages in most cases. On the other hand, when you file a lawsuit, you may be able to recover economic and non-economic damages. In addition, in cases where the defendant was extremely negligent or reckless, you may also recover punitive damages.

Can I Sue if I Fall on Ice on Private Property?

Yes, just because you slipped and fell on private property does not mean that the property owner or manager is not responsible. You may still be able to take legal action if they were negligent, leading to your injuries.

Can I Sue if I Fall on Ice on Government Property?

Slip and fall cases on government property, such as city sidewalks, can be pretty complicated. This is because most jurisdictions have strict laws preventing plaintiffs from suing the government over such incidents. However, despite the tough regulations, most jurisdictions allow plaintiffs to sue, but only if they follow some strict requirements.

For example, the statute of limitations for bringing a lawsuit against a government agency is usually much shorter. In most jurisdictions, plaintiffs have as little as 60 days to bring a lawsuit against a government agency.

For this reason, it is always advisable to contact an experienced attorney as soon as possible. The attorney will ensure you beat these strict deadlines and also satisfy all other requirements of bringing such a lawsuit against public or private property if your case is valid.

What Damages Can I Recover if I Win My Fall on Ice Lawsuit?

As mentioned, you may be able to recover economic and non-economic damages. And, if the other party was extremely negligent or reckless, your attorney may be able to convince the judge or jury to award you punitive damages.

Do I Need a Lawyer for a Fall on Ice Case?

Yes, hiring an attorney to represent you in a slip and fall case is always advisable. To sum up, here are some good reasons why you need an experienced attorney to fight for you.

• Slip and fall cases are complex, especially when snow or ice is involved. This is because these two occur naturally, not due to negligence.
• The defense will likely have a legal team to defend them in and out of court. If they realize the importance of hiring an attorney, so should you.
• Having an attorney means you will not have to deal with the tactics insurance companies use to avoid liability. Rather, you will only focus on recovering from your injuries.
• An experienced slip and fall lawyer understands local and state laws and how they apply to your specific situation. This saves you the time and energy needed to research complex laws, let alone interpret them.
• Lastly, the attorney can help determine whether you have a valid case, assess your injuries, evaluate your damages, file a claim or lawsuit on your behalf, and represent you throughout the settlement negotiations.

How Can a Morgan and Morgan Fall on Ice Lawyer Help?

Morgan and Morgan is the nation’s largest injury firm. We handle more injury cases than any other firm in the country. In addition, we have the experience (over three decades) and resources to fight for you. With over $20 billion already recovered for our clients, you can count on us to fight for what you truly deserve.

If you have falling on ice injuries, contact us for a free case evaluation today. Remember, you have nothing to lose because if we do not win, you do not pay.