Icy surfaces are inevitable when winter hits. As a responsible homeowner or business owner, you are obligated to maintain your property’s outdoor areas to avoid unexpected accidents.

Sidewalk injuries happen quickly and can be severe. Nobody wants to deal with a sidewalk injury claim due to somebody getting seriously hurt due to a fall. 

There are precautions you need to take when winter weather hits to avoid major legal ramifications in the future. 

Who Is Responsible for Winter Sidewalk Maintenance?

Sidewalks adjacent to your property are often the property owner’s responsibility for snow and ice removal. 

Although this section is considered public property, many cities have policies to endorse this claim. 

If in doubt, contact your local town hall for the local laws regarding the upkeep and safety of an adjoining sidewalk. 

When Is a Property Owner Liable for Winter Injuries?

Just as a property owner can be held liable for any injury resulting from negligence in care and upkeep, winter injuries are no different. 

A noticeable buckle in your sidewalk is considered negligent maintenance when a customer stumbles and falls due to a raised section of concrete. 

The same holds for slippery surfaces caused by snow and ice, where it is obvious that shoveling and ice melt have not been used.  

Burden of Proof

Before calling a personal injury attorney, ask yourself these questions:

• Is the danger unmarked?
• Has the owner made an effort to make the area safe?
• Is the property owner known for keeping the property unkempt?

A slip and fall lawyer will need these questions answered before taking your case.  If it turns out that the neglect was on the part of your clumsiness, it can be hard to prove that a property owner is at fault. 

A premises liability lawyer will fight hard to deliver a fair settlement, but only if an actual negligence claim can be proven.

What to Do During a Personal Injury Lawsuit

No property owner wants to face the possibility of a lawsuit by a personal injury attorney. However, if you find yourself in a position of a no-fault fall, take the following steps.

• If possible, take a picture of the area in question.
• Speak to a member of management at the time of the accident.
• Contact a slip and fall lawyer to fill out a sidewalk injury claim.

The sooner a report can be submitted, the fresher the information will be in your mind. Waiting days or weeks can cloud your judgment and add confusion to your personal injury claim.

A premises liability lawyer will need all the details of the accident to prove where the liability lies. Some people are quick to blame someone else for walking too fast and tripping over their own feet. 

On the other hand, some do not want to make a big deal over a slippery surface that should have been better maintained.

Contacting a personal injury lawyer is crucial, especially when medical bills are looming. They will provide you with the advice you need to handle the situation properly.

Contact Louis B. Himmelstein and Associates Today!

Louis B. Himmelstein and Associates is here to answer all your personal injury claim questions. From navigating a lawsuit to avoiding legal action, we are here to provide you with everything you need to know.

Contact us today for more information.