How Weather Conditions Affect Slip and Fall Cases

How Weather Conditions Affect Slip and Fall Cases

Challenging weather conditions lead to slip-and-fall accidents, which are more common than you might think. The New York State Department of Health reports that falls are the leading cause of injury hospitalizations, and many of these can be attributed to hazardous weather conditions.

Property owners and managers have a responsibility to maintain safe conditions for visitors and passersby when harsh weather strikes. If you were injured in a slip-and-fall accident due to a property owner’s negligence, you may have the right to pursue a personal injury claim.

However, the impact of bad weather on slip and fall claims is not always straightforward. Understanding how adverse weather affects these cases may help you protect your rights.

Increased Hazards Due to Adverse Weather

Various weather conditions can create fall hazards.

Here are a few examples of situations that increase the risk of slip-and-fall accidents:

• Rain: Wet surfaces become slippery, especially on wet floors or smooth surfaces like tile or polished stone. Rain can also create puddles that may not be immediately visible to pedestrians.
• Snow and ice: These are perhaps the most notorious weather-related hazards. Snow can hide underlying ice, creating a deceptively dangerous surface. Black ice, in particular, can be nearly invisible to pedestrians.
• Leaves and debris: Autumn weather can lead to an accumulation of wet leaves on walkways. This can create a slippery surface difficult to navigate.

Comparative Negligence in Weather-Related Slip and Fall Cases

In New York, slip and fall cases often involve the concept of comparative negligence. This means that if you are partially responsible for your slip-and-fall, your compensation may be reduced.

In weather-related slip and fall cases, both the property owner and the injured party may share some responsibility. For instance, if you are wearing unsuitable footwear during icy conditions or ignoring visible warning signs, you might be found partially at fault for your injuries. This could reduce the amount of compensation you are entitled to receive.

The Importance of Evidence in Slip and Fall Claims

The weather can change rapidly, making it crucial to gather evidence as soon as possible after slip-and-fall accidents.

If you are involved in a weather-related slip-and-fall accident, consider taking the following steps:

• Photograph the area where you fell, including any ice, snow, or water that contributed to your fall
• Note the weather conditions at the time of your fall
• Gather contact information and witness statements from any witnesses
• Report the incident to the property owner or manager
• Seek medical attention for your injuries

Such evidence can be invaluable in proving the hazardous conditions that led to fall accidents. This information can also prove the property owner’s negligence in addressing these hazards.

Weather Forecasting and Property Owner Liability

An often overlooked aspect of weather-related slip-and-fall accidents is the role of weather forecasting in determining owner liability. Modern technology provides increasingly accurate weather predictions, which can affect how courts view a property owner’s duty of care.

Foreseeable weather events

When severe weather is forecast well in advance, property owners may be expected to take some preventative measures to reduce potential weather hazards beforehand.

For instance, if a major snowstorm is predicted, property owners might be expected to have snow removal equipment and supplies ready. In anticipation of heavy rain, they may need to ensure proper drainage systems are in place and functioning correctly.

Failure to prepare adequately for anticipated weather events could be seen as negligent, potentially strengthening a slip and fall claim.

Sudden weather changes

Unpredicted weather changes may work in favor of the property owner. If a weather event such as a flash freeze occurs without warning, courts may be more lenient in their expectations of how quickly a property owner should respond to the hazard.

It is important to note that property owners are generally not expected to remove snow or ice continuously during an ongoing storm. The law typically allows for a reasonable time after the end of the storm for the owner to address hazards.

The reasonable time standard

Courts often apply a “reasonable time” standard when assessing a property owner’s response to weather-related hazards.

What constitutes a reasonable time can vary based on:

• The severity of the weather condition
• The accuracy and timing of the weather forecast
• The resources available to the property owner
• The location and type of property

For example, a large commercial property in a busy urban area may be expected to respond more quickly to hazards than a small residential property in a rural setting.

Technology and Weather-Related Slip-and-Fall Accidents

Advancements in technology are changing how weather-related slip and fall cases are litigated. These developments can affect both the prevention of accidents and the gathering of evidence when accidents occur.

Weather data as evidence

Detailed historical weather data is now more readily available than ever before. This can be crucial evidence in a slip and fall case.

For example:

• Precise temperature and precipitation records can back up or dismiss claims about icy conditions
• Wind speed data might support arguments about the reasonableness of expecting a property owner to keep an area clear of debris
• Visibility records could factor into determinations of comparative negligence

Video surveillance and weather conditions

Many properties now have extensive video surveillance systems. When combined with weather data, this footage can provide powerful evidence in personal injury cases.

Video surveillance may show:

• The weather reports exact conditions at the time of the fall
• How long a hazardous condition existed before the incident
• Whether the building owner took reasonable steps to address weather-related hazards

Contact a Hill & Moin Slip and Fall Lawyer Today

Weather conditions play a complex and multifaceted role in personal injury claims. If you have been injured in a weather-related slip-and-fall accident, contact one of our lawyers.

It is important to understand how various weather conditions might affect your case. The experienced personal injury attorneys at Hill & Moin LLP can provide valuable insights.

A free consultation with us can reveal your options for pursuing compensation. Contact Hill & Moin’s experienced attorneys to learn about your Personal Injury Recovery Solutions®. Call us at (212) 668-6000 to schedule your free case review.