About 3 million people go to the emergency room each year because of injuries from falls. Over 800,000 of them end up in the hospital, usually for a head injury or a broken hip. Winter can be a beautiful season, but it also brings icy sidewalks – a leading cause of serious slip and fall accidents. If you’ve ever slipped on an icy sidewalk, you know how dangerous it can be. In some cases, these accidents result in injuries that may require medical treatment or even lead to long-term health issues. But when you slip and fall on an icy sidewalk, who is responsible for your injuries?
Who is Responsible for an Icy Sidewalk Accident?
Slip and fall accidents on icy sidewalks typically fall under the broader legal concept of premises liability. Premises liability refers to the legal responsibility of owners to ensure their property is safe and free from dangerous and hazardous conditions.
The responsibility for keeping sidewalks clear of snow and ice can belong to property owners, renters, or even the city. Who is at fault often depends on local laws, rental agreements, and the details of what happened in the accident.
Property Owners
In most cases, property owners have to keep the sidewalks next to their property safe. This means they need to clear away ice and snow to prevent accidents. If they don’t remove the ice or use salt, sand, or other de-icing materials, they could be responsible for any injuries that result from a slip and fall.
However, the level of responsibility can vary depending on local laws. In some areas, property owners are required to clear their sidewalks within a certain time frame after a snowfall or ice storm. If they fail to meet these requirements, they could be considered negligent.
Tenants and Renters
If a property is rented or leased to a tenant, responsibility for maintaining the sidewalk might shift. In some cases, tenants are required to keep the sidewalks around the property safe for pedestrians. If you slip and fall near a property where the tenant is responsible for snow and ice removal, you may need to pursue a claim against them instead of the property owner.
It’s important to check the lease agreement to determine who is responsible for sidewalk maintenance.
Municipalities
In most cities and towns, the local government is responsible for making sure public sidewalks are safe. However, some places have laws that make property owners or tenants next to the sidewalk responsible for clearing it.
If the local government doesn’t clear the sidewalks and someone gets hurt, there might be a chance to sue. But suing the government can be a difficult and time-consuming endeavor, subject to special rules or time limits.
For example, in South Bend, Indiana, property owners are responsible for clearing snow and ice from the sidewalks adjacent to their properties. They are required to remove snow within 24 hours after a snowfall or ice accumulation ends.
Shared Responsibility
Sometimes, more than one party may be at fault for a slip and fall. For example, a property owner might have neglected to remove ice from their sidewalk, but the municipality may have failed to repair a nearby streetlight that would have made the sidewalk more visible. In such cases, both parties could be held responsible for the injury.
What to Do if You’ve Been Injured
If you’ve been injured in a slip and fall accident on an icy sidewalk, here’s what you should do:
Seek Medical Attention
Your health is the top priority. Even if you don’t feel hurt immediately, it’s important to see a doctor for a thorough evaluation.
Document the Scene
Take pictures of the ice and any other hazards. If there were witnesses, get their contact information.
Report the Accident
Notify the property owner, tenant, or municipality responsible for the sidewalk.
Consult with an Attorney
An experienced personal injury lawyer can help you understand who is responsible and what your legal options are.
Contact Foley & Murphy
Slip and fall accidents on icy sidewalks can cause serious injuries, and determining who is responsible is key to pursuing compensation. Property owners, tenants, and municipalities all have potential liability in these cases, and an experienced attorney can help you navigate the complexities of your case. Contact us!
