At this time of the year, accidents involving slips and falls on ice and snow become much more common, and much more of a concern. These accidents can occur on the sidewalks, at various businesses open to the public, and at our own homes.

The legal rules are essentially the same for all property owners. All owners have a duty to keep their premises reasonably safe for people who may come onto their property. Obviously, owners of retail stores and other businesses open to the public have a greater expectation that people will be entering their property then a private homeowner does.

The main issue in accidents involving ice and snow, or other dangerous conditions on someone's property, is the issue of notice. Generally speaking, the property owner is only responsible for rectifying a dangerous condition that he/she is aware of. However, that doesn't mean that a property owner can simply ignore the condition of their property. There is also a duty to inspect, and a duty to be aware of conditions that may affect the safety of your property. Specifically with respect to ice and snow, obviously a property owner cannot prevent snow from falling, and cannot prevent freezing and thawing from taking place. However, an owner has responsibility to be aware of the fact that snow is falling, or has fallen. An owner also has an obligation to be aware that thawing and freezing have taken place, which might create a dangerously slippery condition. If an owner does have notice of these conditions, then there is a duty to shovel, sand, and/or salt, and sometimes to post warnings of slippery or dangerous conditions.

Because the nature of the condition is so important, and whether the owner knew, or should have known of that condition, if you have been injured as a result of slipping and falling on someone else' s property, it is important to take photographs of the area where you fell and, if possible, file a report with the owner of the property. Since these conditions can change very quickly, a prompt investigation of the circumstances involved is very important.

When we at Brown Chiari are retained by someone who has been injured in a slip and fall accident, we retain experienced investigators, who can obtain statements from property owners, witnesses to the condition of the premises, and witnesses with respect to the issue of notice. Our attorneys have handled thousands of such claims, many of which have involved very serious injuries. We know that early and thorough investigation of the circumstances underlying the accident, and our familiarity with all of the various issues that can arise in these cases, provide us with the best possible chance of success in such claim.