Snow & Ice Slip and Fall Accident
The responsibility that an owner of a property possesses to individuals who are welcomed on his or her property is duty of care.
Those invited onto one’s property are either licensees or invitees.
Licensees and invitees have a right legally to step foot on someone else’s owned property. When it’s made formally, implied or informally, an invitation applies under all conditions.
An implied invitation example can be the ability for an individual to go to the mall, grocery store, or any other public place.
Under no circumstances are trespassers invited onto anyone’s property.
It is a requirement for owners of property to do what is reasonably within one’s power to make sure that individuals are protected from injury on a property.
From property to property, what is considered reasonable can change. It is not reasonable, for example, expecting a farm owner to revive snow and ice from 200 acres of land.
It is reasonable, however, for an owner of a store to remove snow and ice from sidewalks and parking lot on the property.A Lawsuit to File for Snow & Ice Accident
It is possible, if you sustained injuries in a slip and fall accident, for you to pursue action legally against the liable party for snow and ice removal if you fell and became injured.
The liable parties may entail the owner of the property and/or the hired property by the owner for snow and ice removal.
The rule of natural accumulation deals with time duration, which is reasonable for owner of property to remove any snow and ice on property.
Not one of us can control weather. It is unreasonable for anyone to expect any property owner to be outdoors within the entire duration of a snowstorm, to keep driveways and sidewalks clear.
The time duration which is considered reasonable varies, but that depends on the duration of the storm, the property size, and various factors.
The owner of the property may feel that you’re at fault as well, but that doesn’t mean you still can’t file.
There are many states across the nation that adhere to a rule referred to as modified comparative negligence.
What that means is that although you may be partially liable for sustained injuries, it can be possible to recover full compensation entitled to you due to injuries.
The court of law can make a determination of what percentage of the accident for which you were liable, and allot a percentage to acknowledge that fault.
The amount provided will be adjusted by the represented percentage if any damages are to be awarded. It may not be enough merely to have health insurance.
You may feel that you have the best coverage if health insurance available. However, many expenses out-of-pocket can add up quickly. Pain and suffering, or lost wages aren’t covered by health insurance.
Due to the negligence of someone else, you deserve full compensation for sustained injuries.