Winter weather can create hazardous conditions, and snowy sidewalks outside businesses are no exception. Slips, trips, and falls on these icy surfaces can lead to serious injuries. Property owners have a responsibility to maintain safe premises, but how does this apply to outdoor areas like sidewalks? If you’re injured on a snowy sidewalk, there are important steps to take, both legally and medically, to protect your interests. This guide will help you navigate the process of pursuing compensation for your injuries and seeking justice.
When snow and ice accumulate on sidewalks outside a business, they create a dangerous environment for pedestrians. Slips, trips, and falls on these icy surfaces can lead to serious injuries, ranging from broken bones to head trauma. In winter-heavy areas like Buffalo, NY, business owners are expected to take reasonable steps to maintain the safety of the sidewalks surrounding their property. But what happens when an injury occurs outside a business due to unsafe sidewalk conditions?
Understanding property owner responsibility, knowing the right steps to take after an injury, and understanding your rights are key. Here’s everything you need to know about what happens if you’re injured on a snowy sidewalk and how to pursue compensation.
Property Owner Responsibility: 
In the winter months, property owners have a legal responsibility to ensure that the sidewalks outside their businesses are safe for pedestrians. This includes removing snow and ice in a timely and reasonable manner to prevent injuries. Businesses that fail to clear walkways or apply salt to prevent ice buildup can be held liable for injuries that occur due to their negligence.
The concept of “reasonable care” is central to understanding property owner responsibility. Businesses are not expected to clear snow and ice immediately after a storm, but they are expected to take action within a reasonable timeframe. For example, if a snowstorm hits overnight, a business may not be liable if someone slips in the early hours of the morning before the sidewalks are cleared. However, if the business fails to address the hazard during the day, and someone is injured several hours later, the business may be held responsible.
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Andrews
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Robert
Maranto
Partner
Tom
Kotrys
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Robert J.
Maranto, III
Attorney
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Rezvi
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When Are Businesses Liable for Injuries?
To establish liability, certain conditions must be met. Businesses are generally liable for injuries caused by hazardous conditions on their sidewalks if:
- They knew or should have known about the hazardous condition (like snow or ice) and failed to act.
- They had sufficient time to address the condition but neglected to do so.
- The hazardous condition existed for an unreasonable amount of time before action was taken.
For example, if snow accumulates on the sidewalk throughout the day, and a business fails to take action to clear it, the business may be considered negligent. Similarly, if an icy patch remains untreated for hours despite knowledge of its existence, the business could be held liable for any resulting injuries.
Steps to Take After an Injury:
If you are injured on a snowy sidewalk outside a business, it is essential to take immediate action to protect your health and your legal rights. The steps you take immediately after the injury can significantly impact the outcome of any potential claim or legal action.
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- Seek Medical Attention:
Your health and safety should be your first priority. If you are injured, call for medical assistance or visit an emergency room right away. Even if the injury seems minor, it’s important to get checked out, as some injuries (such as concussions or internal injuries) may not be immediately apparent. Medical records will also serve as evidence in your case. - Document the Scene:
If you are physically able, take photographs of the icy sidewalk where you fell. Try to capture the condition of the sidewalk, the surrounding area, and any visible hazards. This documentation will be crucial for proving that the sidewalk was unsafe at the time of the incident. If there are any visible snow piles, ice patches, or untreated areas, be sure to photograph them. - Report the Incident:
Notify the business or property owner about the injury as soon as possible. Most businesses will have an incident report that they are required to fill out. Be sure to request a copy of the report for your records. This ensures that the incident is documented, and it may be useful for building your case. - Collect Witness Information:
If there were any witnesses to the incident, ask for their contact information. Eyewitness testimony can be invaluable in establishing the facts of the case, particularly if there are disagreements about what happened. Witnesses who can confirm that the sidewalk was hazardous at the time of the accident may be crucial in proving negligence. - Contact an Attorney:
If your injury is severe, or if you are unsure whether the business is liable, it’s important to consult with a personal injury attorney. A lawyer can help you understand your rights, guide you through the process of filing a claim, and ensure that you receive fair compensation for your injuries.
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What Compensation Can You Seek?
If you are injured due to a business’s failure to maintain a safe sidewalk, you may be entitled to compensation for a variety of damages. These can include both economic and non-economic damages:
- Medical Expenses: Compensation for past and future medical costs related to your injury, including hospital stays, surgeries, physical therapy, and medication.
- Lost Wages: If your injury prevents you from working, you may be entitled to compensation for lost wages, including any time missed from work due to medical appointments or recovery.
- Pain and Suffering: Non-economic damages to compensate for physical pain, emotional distress, and mental anguish caused by the injury. This can include any long-term effects on your quality of life.
- Other Damages: In some cases, you may be entitled to additional damages based on the severity of the injury and the circumstances surrounding the incident. This may include punitive damages if the business’s actions were particularly reckless.
Proving Your Case:
In personal injury cases involving snowy sidewalks, the burden of proof lies with the injured party. This means that you must provide sufficient evidence to prove that the business was negligent and that their negligence directly caused your injury. Some key pieces of evidence include:
Verdicts & Settlements
- Medical Records: Detailed documentation from healthcare providers about the nature and extent of your injuries.
- Photographs: Clear images of the hazardous conditions on the sidewalk at the time of the incident.
- Witness Statements: Testimonies from individuals who saw the accident or were aware of the hazardous conditions before the injury occurred.
- Weather Reports: In some cases, weather reports or local news stories about the storm can help establish the timeline of events.
It’s essential to gather as much evidence as possible as soon as the incident occurs, as this will be critical in building a strong case.
How Long Will the Process Take?
The timeline for resolving a personal injury claim can vary depending on several factors, including the severity of the injury, the complexity of the case, and whether the business is willing to settle or whether litigation is necessary. In general, most personal injury claims settle within a few months to a year. However, if the case goes to trial, it may take longer to reach a resolution.
Injuries on snowy sidewalks outside businesses can have lasting physical, emotional, and financial impacts. If you have been injured due to a business’s failure to maintain safe sidewalk conditions, it is important to take the right steps to protect your health and your legal rights. Document the scene, seek medical attention, report the incident, and contact an attorney who specializes in personal injury law. With the help of an experienced attorney, you can pursue compensation for your injuries and hold the responsible parties accountable for their negligence.
At Andrews, Bernstein & Maranto, PLLC, we understand the challenges you face when dealing with an injury caused by hazardous conditions outside a business. We are committed to helping you seek justice and receive the compensation you deserve. Contact us today for a free consultation and let us help you navigate the process.