Slip and fall accidents tend to increase during the winter time. Sometimes, these accidents are caused by a negligent property owner who fails to keep their walkways free of snow, ice, and other hazardous debris. If you are injured in an accident caused by snow and ice, you might be entitled to financial compensation. However, not all accident situations equate legal liability. In this blog, we explain what you need to know about filing a premises liability claim.
Premises Liability
Premise liability refers to a property owner’s possible legal responsibility for injuries that were the result of unsafe conditions on their property. Premise liability includes accidents involving slips and falls caused by snow or icy weather conditions.
What You Will Need to Prove
Premise liability cases vary from state to state, so it is important to consult an attorney to find out which laws apply to your case. In general, the injured party will need to prove that:
- The defendant owned, occupied, or leased the property you were injured on
- The defendant was negligent in the upkeep of their property
- You were indeed injured or harmed
- The defendant’s negligence was a significant factor in causing your injury
For a property owner to be considered at fault, they must have caused or contributed to the hazardous condition that created your injury. For example, if the property owner neglected to keep their walkways clear of ice or snow, they can possibly be held liable under premises liability law. The owner of the premises must have also been aware of the dangerous surface but did nothing to remedy it. In this view, the property owner should have known of the dangerous surface because a "reasonable" person would have discovered and fixed the dangerous hazard.
Do you need help filing your premises liability claim? Contact our Waterbury premises liability attorneys to learn how we can assist you today.