2 Instances When A Business Is Liable When You Slip On Their Icy Sidewalk
While visiting a local business in the wintertime, you may have slipped on the ice on their sidewalk, which resulted in your hurting yourself severely enough to have to go to the hospital and miss days or even weeks of work. While you are recovering, you may begin to wonder whether or not you have a case for a personal injury claim against the business because they were negligent in keeping the sidewalk clear. If so, there are a couple of incidences when a business could be held liable for your slip and fall accident.
1. Sidewalk Is Clearly on or Adjacent to the Business's Property
The first instance when a business is responsible for keeping a sidewalk cleared off is when the walkway is clearly on their property. Or, even if it is not directly located on the property, the sidewalk is directly adjacent to it and is used primarily by the store's customers as an entryway.
However, if the sidewalk is located in a strip mall or even on a main thoroughfare, it can become tricky to prove that they are the ones responsible for keeping the sidewalk clear of ice and snow. One thing you can do if you have any reasonable doubts is to take pictures of the sidewalk and business and show them to an attorney. They will also be able to find out who is responsible and, therefore, liable.
2. Ample Time Has Passed Since the Storm Ended
Even if you determine that the business is definitely responsible for clearing ice and snow off of the sidewalk, another thing that you have to consider is whether enough time has passed since the winter storm ended. If you fell during the storm, the business may not be seen as liable because they have no control over the weather conditions. Also, they will be given a few hours afterward to clear off the sidewalk, especially if the storm occurred overnight.
However, if it has been many hours since the storm passed and the business had not fully cleared off the sidewalk, they can be held liable for anyone who hurts themselves while trying to walk on it. Give your lawyer the time of day that your accident occurred so that they can find out the timing of the storm and whether enough time had passed.
If your situation sounds like either of the incidences above, the business may be held accountable for your injuries and may need to compensate you for your medical bills and time off from work while recovering. If you believe this is the case, schedule an appointment with a personal injury lawyer so that they can review your case.
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