Can I Sue For A Slip And Fall Accident On Ice In A Parking Lot?

Slip and Fall Accidents on Ice: What You Need to Know

You can sue for a slip and fall accident on ice in a parking lot under certain circumstances. The best way to find out if you have a potential premises liability case is to discuss your fall with a team member from our personal injury law firm on Long Island.

In some cases, it will be difficult to prove that the property owner violated their duty to keep their parking lot free from unreasonable hazards and that you were walking with care and did not contribute to your own injuries.

However, an attorney from our firm who represents injured Long Island residents will know the evidence necessary to prove your case.

New York State Law as it Applies to Parking Lot Falls on Ice

New York State’s premises liability laws require the party in control of the property to keep the premises reasonably safe from any slip or trip hazards. This is for the protection of potential customers, clients, and other visitors.

If they fail to take “reasonable care” to do this, they may be liable for injuries that occur. How you define “reasonable care” is different when you consider weather conditions, though. Case law, specifically Assaf v. City of New York, defines how landowners must react when the weather creates a hazard, such as ice during a blizzard.

In this case, the judge ruled that the owner still owes the duty of shoveling, salting, or otherwise protecting the visitor from ice and snow. However, this duty is “is suspended while the storm is in progress,” and it only recommences “a reasonable time after the storm has ended.”

Your attorney from our law firm can explain how this could affect your claim.

Pursuing Compensation in Your Slip and Fall Injury Accident on Long Island

If you qualify to sue for a slip and fall accident on ice in a parking lot on Long Island, a lawyer from our firm will represent you at no cost to your family. Our law firm works based on contingency, meaning we will get paid out of the money we recover in your case. Our pay is contingent on winning your case.

Your legal team will document the damages you experienced and will experience in the future as a result of your fall. This may include:

• Current and future medical expenses
• Missed paychecks
• Rehabilitation and physical therapy costs
• Out-of-pocket expenses
• Pain and suffering

You should reach out to our law firm as soon as your injuries allow. While New York law generally gives you up to three years to begin a civil suit per CPLR § 214, exceptions exist. Some of these exceptions could dramatically reduce the time you have to navigate the claims process.

Injuries from a Slip and Fall Accident on Ice in a Parking Lot on Long Island

Slip and fall injuries are more common in the winter weather than during the summer. While most cause bumps, bruises, and soreness, some are more serious. Some of the most common injuries are broken wrist and ankle bones.

Falls are exceptionally dangerous for seniors, who are at an increased risk of broken bones and loss of mobility. Broken hips are also common in this type of fall, according to the American Journal of Emergency Medicine.

Even a broken bone can cost thousands of dollars for medical care and thousands more in lost income. Serious injuries such as back injuries and traumatic brain injuries (TBIs) are even more expensive. If you can build a case against the property owner, you may be entitled to recover your expenses and losses.

Proving Negligence in a Slip and Fall Case

To successfully pursue a slip and fall claim, you must be able to demonstrate that the property owner was negligent in maintaining their premises. Negligence is a legal concept that refers to a failure to exercise reasonable care, resulting in harm or injury to another person.

1.Understanding Negligence

In the context of a slip and fall accident on ice, negligence means that the property owner failed to take appropriate measures to ensure the safety of visitors, despite having a duty to do so. To prove negligence, you must show that:

• The property owner owed you a duty of care
• They breached that duty by failing to act reasonably
• Their breach of duty directly caused your accident and injuries
• You suffered actual damages as a result (e.g., medical bills, lost wages)

2.The Property Owner’s Duty of Care

Property owners have a legal obligation to maintain their premises in a reasonably safe condition for visitors. This includes taking steps to prevent, remove, or warn about potential hazards, such as ice and snow accumulation in parking lots. The extent of a property owner’s duty of care may vary depending on factors such as:

• The nature of the property (e.g., residential, commercial, public)
• The relationship between the owner and the visitor (e.g., invitee, licensee, trespasser)
• The foreseeability of the hazard and the risk of harm it poses

3.Evidence of Negligence

To prove that a property owner was negligent in a slip and fall case involving ice, you may rely on various types of evidence, such as:

• Photographs or video footage of the icy conditions that caused your fall
• Witness statements describing the hazardous conditions and the owner’s failure to address them
• Records showing that the owner had prior knowledge of the icy conditions but failed to take action
• Maintenance logs or schedules indicating inadequate or inconsistent snow and ice removal
• Absence of proper signage warning visitors about the presence of ice
• Expert testimony on industry standards for maintaining safe premises in winter conditions

For example, if a property owner failed to salt or shovel their parking lot for an unreasonable amount of time after a snowstorm, despite knowing that visitors would be using the lot, this could be strong evidence of negligence.

By gathering and presenting compelling evidence of negligence, you can build a strong case against the property owner and increase your chances of receiving fair compensation for your injuries and losses. An experienced personal injury attorney can help you navigate the legal process and ensure that your rights are protected every step of the way.

Steps to Take After a Slip and Fall Accident on Ice

If you’ve experienced a slip and fall accident on ice in a parking lot a day or two ago, it’s crucial to take the following steps to protect your health and legal rights:

1.Seek Medical Attention

Even if you didn’t require emergency medical care at the time of the accident, it’s essential to get a thorough medical evaluation as soon as possible. Some injuries, such as concussions or soft tissue damage, may not be immediately apparent. Seeing a doctor will ensure that you receive a proper diagnosis and treatment plan. Additionally, your medical records will serve as valuable evidence if you decide to pursue a legal claim.

2.Report the Incident to the Property Owner

If you haven’t already done so, contact the property owner or manager to report the incident. Provide them with a written account of what happened, including the date, time, and location of the accident. If possible, obtain a copy of the incident report for your records. Reporting the accident promptly demonstrates that you took the matter seriously and helps establish a timeline of events.

3.Document the Scene

If you’re still able to access the accident site, take detailed photos of the area where you fell, focusing on the icy conditions that caused your accident. If there were any witnesses to your fall, try to collect their contact information and ask if they’d be willing to provide a statement about what they saw. If you have any visible injuries, take photographs of those as well. The more evidence you can gather, the stronger your potential legal case will be.

4.Contact a Personal Injury Attorney

Consulting with an experienced personal injury attorney is one of the most important steps you can take after a slip and fall accident. An attorney can help you understand your legal rights, assess the strength of your case, and guide you through the process of seeking compensation for your injuries. Look for a lawyer who has experience handling slip and fall cases and offers a free initial consultation.

Remember, the sooner you take these steps, the better positioned you’ll be to protect your health and legal interests. Even if a day or two has passed since your accident, it’s not too late to seek medical attention, report the incident, document the scene, and contact an attorney. By being proactive and following these guidelines, you’ll be well on your way to recovering from your injuries and holding the responsible parties accountable.