Does A Property Owner Have To Keep You Safe From Ice And Snow On The Ground?

As the weather gets colder, and ice and snow start to accumulate everywhere you go, business owners need to be more and more aware of the dangers that ice and snow present to customers and those who may be on their property.

Customers and the public that fall and who are injured on someone else’s property because of the accumulation of, or presence of snow and ice, can file a lawsuit for compensation for their injuries, against the owner of the property.

Outdoors Falls and Injuries

While in most cases, liability for property owners happens when ice and snow accumulate and cause falls indoors, it does sometimes happen that there can be liability or falls that happen outdoors as well.

For outdoor injuries, there would normally only be liability if there was snow or ice in an area that the business or property owner knew people were walking, and in areas that people would expect to be free and clear of ice and snow. An example may be an outdoor staircase that the property owner did not maintain property.

Did the Property Owner Know?

Whether indoors or outdoors, one big issue in ice and snow cases is notice. It only takes an instant for someone to walk into a business, and trek ice and snow inside that business. The property owner needs to be afforded a reasonable amount of time to inspect, see, observe, and clear out any accumulated ice and snow — but there is no one set legal timeframe of how long a reasonable time is.

However, there is a rule (sometimes called the Connecticut Rule) that does allow property owners to wait until falling snow subsides, before having to clean accumulated ice and snow off their property. Property owners are allowed to wait until a storm subsides to clean property — but they still may have an obligation to warn people coming onto their property, of the possibility of accumulated ice and snow even during a winter snow storm.

How Often Does the Property Owner Need to Inspect the Property?

During a super busy time of year with heavy foot traffic inside of a business, the property owner may be under a duty to inspect for ice and snow more frequently than during times when there are fewer crowds – but there is no set number that is, or is not, appropriate to inspect and clean accumulated snow.

Black Ice

Outside, black ice can become a problem as well.

Black Ice is when snow melts during warmer daytime temperatures, and at night, the melted snow freezes over as ice, on top of roadways. Unexpecting pedestrians may only see the roadway and not the thin clear sheet of ice that has frozen on top of the roadway, and people can end up falling on this frozen over thin ice layer.

Business owners can use things like salt or other granular substances, as well as hand rails and simple warnings, telling people to be aware of black ice when walking on exterior parts of the business.

Injured because of ice or snow on the ground on someone else’s property? Contact our Rhode Island homeowners fall accident lawyers at Robert E. Craven & Associates at 401-453-2700 for help.

Sources:

jdsupra.com/legalnews/fast-five-rhode-island-appellate-practi-21054/

magazine.northeast.aaa.com/daily/life/cars-trucks/a-guide-to-snow-and-ice-removal-laws/