Can You File an Injury Lawsuit if You Fall on Ice?

A man's shoes on a slippery icy road.

Winter is a wonderful time of year, especially here in the great state of New Jersey. However, it also brings about a lot of dangers that aren’t present other times of the year. Snow and ice make everything a little more hazardous, especially if you are driving on snowy roads or walking down sidewalks with uneven patches of ice.

To prevent anyone from getting injured on your property and thus incurring a New Jersey injury lawsuit, it’s best to keep your walkways and paths clear of ice at all times. Conversely, it can sometimes be tough to make an injury claim if you’ve been hurt due to weather conditions. Let’s take a look at winter slip and fall accidents more closely.

Concerns for Businesses

Slip and fall accidents are generally one of the leading causes of injury for workplaces and businesses. The likelihood of these types of accidents occurring is heightened in the winter because of the presence of snow and ice, which is especially true for businesses with heavy foot traffic.

Some hazards associated with the possibility of a slip and fall injury are holes or broken surfaces, slippery surfaces, bad drainage, and slippery conditions and spills from ice, mud or water during winter months.

Investigating General Liability Claims

Because of the increased presence of slip and fall hazards in the wintertime, there are also more general liability claims on the books this time of year. A good claims investigation in any New Jersey injury lawsuit necessitates a good investigation, especially when it comes to the presence of ice and snow. A good investigation of a claim includes getting statements from witnesses, claimant’s statements, accident reports, reports from paramedics, incident reports, service contracts for snow and ice removal, photos of the scene and weather records.

It may be unclear that a slip and fall injury will result in a legal claim, but insurance adjusters should presume that a claim will occur.

Is It Always the Property Owner’s Fault?

Many people assume that slipping and falling on another person’s property makes the property owner automatically at fault, but this is not always the case, especially if inclement weather was involved. Many large stores and other realtors typically have indemnity contracts with vendors for snow removal. If you’ve been injured because of slipping and falling on snow or ice on the property of a store or business, the investigation into your claim needs to include evaluating the responsibility of the vendor to keep the property clear of snow and ice.

If you think you may have a New Jersey injury lawsuit on your hands, an experienced legal team will be able to help. We at Peter N. Davis and Associates, LLC have years of experience working with clients when they’ve been injured. You can assume the insurance company is investigating your accident as soon as it happens; having a personal injury lawyer on your side will only serve to help you in the long run. Give us a call today.