Slip and Fall Accidents: Winter Watchouts

Snow-covered landscapes, cozy evenings by the fire, and holiday festivities—wintertime can bring a lot of people joy. But with every winter wonderland comes an increased risk of slip and fall accidents. 

Icy sidewalks, snow-covered parking lots, and wet floors in buildings can quickly turn into holiday hazards and can lead to serious injuries. 

At Morgan & Morgan, we understand the challenges of winter slip and fall accidents and how they can impact your life. Below we share our tips for staying safe in the cold season, but remember, even if you take all precautions and still get hurt because of someone else’s negligence, we’re here to help. 

Why Winter Is a Prime Time for Slip and Fall Accidents

The winter months bring unique conditions that increase the risk of slip and fall accidents. Whether you’re walking to your car, entering a store, or navigating public sidewalks, hazards abound. Common causes include:

Icy and Snow-Covered Surfaces

Snowfall and freezing temperatures create slick conditions on driveways, sidewalks, parking lots, and entryways. 

Slippery Indoor Floors

Snow and ice tracked indoors by shoes often melt, leaving puddles on hard surfaces like tile, wood, or linoleum. Without proper signage or cleaning, these areas can be extremely hazardous.

Poor Maintenance

Property owners have a legal responsibility to keep their premises safe. However, failure to clear snow, salt icy walkways, or repair damaged steps can lead to accidents.

Dim Lighting

With shorter daylight hours, poorly lit parking lots, stairwells, and sidewalks make it harder to spot hazards, increasing the likelihood of falls.

Common Winter Slip and Fall Injuries

While a fall may sound minor, winter-related slips often result in significant injuries that can affect your daily life. Some of the most common injuries include:

• Fractures: Broken bones, particularly in the wrists, hips, and ankles, are common when someone tries to brace for impact.
• Head Injuries: Falls can cause concussions or traumatic brain injuries (TBIs), which may have long-term effects.
• Back and Spine Injuries: Herniated discs, muscle strains, and spinal cord injuries can lead to chronic pain or mobility issues.
• Soft Tissue Injuries: Sprains, tears, and bruising are also prevalent after a slip and fall accident.

These injuries often require costly medical treatment, rehabilitation, and time away from work—not to mention the physical and emotional toll.

Preventing Winter Slip and Fall Accidents

While some winter hazards are unavoidable, there are steps you can take to minimize your risk of slipping and falling.

Wear Proper Footwear

Invest in boots or shoes with non-slip, rubber soles designed to provide traction on snow and ice. Avoid smooth-soled shoes or high heels when walking outside.

Pay Attention to Your Surroundings

Be extra cautious in parking lots, on sidewalks, and near entrances to buildings. Look for icy patches, snow piles, or uneven surfaces before stepping.

Walk Carefully

Take shorter steps and walk at a slower pace to maintain balance on slippery surfaces. Keep your hands free and avoid distractions like texting or carrying heavy loads.

Watch for Indoor Hazards

Be mindful of wet floors in entryways or lobbies where snow and ice may have been tracked in. Look for warning signs and avoid walking through puddles.

Use Handrails

Stairwells and ramps can become slick in the winter. Always use handrails for added stability when going up or down steps.

Ensure Proper Lighting

If you own property, ensure walkways, driveways, and entryways are well-lit so hazards are visible, even in the early morning or evening hours.

What Property Owners Must Do to Prevent Slip and Falls

Under premises liability laws, property owners have a legal duty to maintain safe conditions for visitors. During the winter, this duty includes:

• Promptly removing snow and ice from walkways, driveways, and parking lots.
• Applying salt, sand, or de-icing materials to prevent icy patches.
• Posting warning signs for slippery floors indoors.
• Fixing uneven sidewalks, broken steps, or other hazards that become more dangerous in winter.

If a property owner fails to address these hazards and someone is injured, they may be held liable for negligence.

What to Do After a Winter Slip and Fall Accident

If you’ve been injured in a slip and fall accident, prioritize your health and safety and seek immediate medical attention. Even if your injuries seem minor, see a doctor as soon as possible. Some injuries, like concussions or soft tissue damage, may not show symptoms right away and can worsen over time if left untreated. Plus, your medical record serves as crucial evidence in a slip and fall injury case.

Before leaving the scene of the accident and if you are able, collect evidence to support your claim that you were harmed due to negligence. Take photographs and video of the hazard, such as an icy walkway or a wet floor. Also take photos of injuries you sustained, such as bruising, broken bones, or other signs of harm.

If witnesses were nearby, gather contact information and statements. Then, report the accident. Notify the property owner, manager, or landlord immediately. If you fell in a business, request to file an official incident report. Request your own copy of this report.

The property owner’s insurance company may reach out to you for a statement. Avoid speaking to them without legal representation, as they may try to minimize your claim or place blame on you.

Finally, contact Morgan & Morgan to learn more about your legal options and to ensure you handle your case correctly. Slip and fall cases can be complex, particularly in winter conditions. At Morgan & Morgan, our attorneys can investigate the circumstances of your accident, gather evidence to prove negligence, negotiate with insurance companies to secure the compensation you deserve, and even take your case to trial if necessary.

Morgan & Morgan Can Help

At Morgan & Morgan, we specialize in helping slip and fall accident victims recover compensation for their injuries, medical bills, lost wages, and pain and suffering. What sets us apart is our commitment to fighting For the People—not powerful insurance companies.

As the largest personal injury law firm in America, we have the resources to take on even the toughest cases. And with offices in every state across the country, our army of over 1,000 lawyers has experts in your state who understand local laws surrounding premise liability and slip and fall claims.

Morgan & Morgan believes in justice for all, so we charge no upfront fees to ensure access to legal services regardless of income or financial status. That’s right—our Fee Is Free™, and you don’t pay anything unless we win your case.

We’ve secured billions of dollars for our clients, including substantial settlements in slip and fall cases. If you’ve been injured this winter, don’t wait. Contact us for a free, no-obligation case evaluation to learn how we can help you.

Who is responsible for removing snow and ice from sidewalks?

The responsibility for removing snow and ice from sidewalks typically depends on local laws and ordinances, which can vary by city, county, or state. Generally, liability falls on one of the following:

Property Owners or Tenants
In most municipalities, the responsibility falls on the property owner or occupant (residential or commercial). Property owners are generally required to clear sidewalks adjacent to their property within a specific time frame after snowfall or freezing conditions.

Local Governments
In some areas, local governments may take responsibility for clearing sidewalks, especially in public spaces or along major thoroughfares.

HOAs or Property Management Companies
For neighborhoods with homeowners' associations (HOAs) or multi-unit buildings, the association or property manager often oversees snow and ice removal for shared walkways.

Renters
Renters may be responsible if their lease agreement specifies snow removal duties, though the ultimate legal responsibility often still lies with the property owner.

Consequences of Non-Compliance:

Failure to adhere to the local laws can result in fines or penalties if sidewalks are not cleared in a timely manner.

Property owners or occupants could also be held liable for injuries caused by uncleared snow or ice on adjacent sidewalks.

Can I sue if I slipped on black ice?

Yes, you can sue if you slipped, fell, and were injured on black ice due to someone else’s negligence and lack of area maintenance. if the property owner failed to take reasonable steps to prevent the hazard. This includes salting or sanding areas prone to black ice.

What if I slipped on snow in a store entrance?

Property owners are responsible for keeping indoor floors safe, including cleaning up tracked-in snow and water. Dangerously slippery entryways are the liability of those in charge of them.

How long do I have to file a slip and fall claim?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

How much is my slip and fall case worth?

The value of a slip and fall case depends on several factors specific to your situation. Considerations that are used to determine the value of your damages can include:

1. Medical Expenses

The total cost of your current and future medical treatment is a major factor. This includes:

• Hospital bills
• Surgeries
• Physical therapy
• Prescription medications
• Medical equipment (crutches or braces)

If you broke your leg and needed surgery, your case might include $20,000 or more in medical costs.

2. Lost Wages and Earning Capacity

If your injury caused you to miss work or impacted your ability to earn income:

• Lost wages for the time off work
• Reduced earning capacity if you can’t return to the same job or work as much

If you earn $1,000 per week and missed 6 weeks of work, that’s $6,000 in lost wages.

3. Pain and Suffering

This compensates for the physical pain, emotional distress, and reduced quality of life caused by your injury. Compensation amounts for pain and suffering vary from case to case based on how a particular incident affected an injured person. In many cases, pain and suffering can represent the largest amount in the different categories of compensation that can be sought.

Factors considered include:

• Severity of the injury
• Recovery time
• Impact on your daily life

4. Property Damage

If any personal property was damaged during the fall, such as a phone or glasses, the replacement value might be included.

5. Liability and Comparative Negligence

Your case value could be reduced if you’re found partially responsible for the accident. For example:

• If you were texting or ignoring warnings (like a “Wet Floor” sign), you might be considered partially liable.
• Most states use comparative negligence to reduce your compensation proportionally.

If you are 20% at fault and your total damages are $50,000, you may receive $40,000.

6. Permanent Disability or Disfigurement

If the injury results in permanent impairment, long-term damages may include compensation for:

• Chronic pain
• Loss of mobility
• Scarring or disfigurement

This can significantly increase your settlement.

Do I need a lawyer for a winter slip and fall accident?

Technically, the law allows any American citizen to represent themselves. However, your chances of recovering the maximum compensation or a successful verdict will greatly improve with the right attorney at your side.

Winter slip and fall cases often involve complex liability issues and insurance negotiations. An experienced lawyer can maximize your compensation and handle the legal process for you.

Winter slip and fall accidents can be devastating, but you don’t have to face the aftermath alone. At Morgan & Morgan, we’re here to help you get the justice and compensation you deserve. Contact us today to take the first step toward recovery with a free case evaluation.