Slipping on ice is a very real thing, and it can happen to everyone at some time. It is important to know how to stop slipping on ice when the conditions are right!
Can you sue someone if they fall and get injured as a result of slipping on ice? The answer is no, you cannot. However, you can seek monetary compensation for your medical expenses and/or pain and suffering.
As we mentioned earlier, trying to walk or run on an icy surface can cause significant damage. If you go too far and get injury, chances are you will need medical care. In fact, there have been several cases of people who sueded for medical bills because they were treated too poorly by snow shovelers or other individuals who prepared the site for snow removal.
You do not need any kind of insurance to pursue this type of case.
Contents:
Identify the property owner
If you fall victim to an icy parking lot or if you need a safe place to store your car until the warm weather arrives, then you should know who owns the property. Many community and public lots are owned by the property owner or business that operates it.
Typically, businesses charge a fee for use of the property. So, they have some control over whether or not someone can be in their parking lot without a valid license. If the business does not allow this, then you can sue them for nuisance and/
illegitimate use of a vehicle, among other things.
Can You Sue for Slipping on Ice in Parking Lot 5 tips can help keep your vehicle safe during this cold weather season. Read about these tips here today! >|off|>
How to Identify the Property Owner in Parking Lot Lawsuits When Someone Involved Is a Barber ShopThe business may even be named after another entity, such as A barber shop named after another business.
Identify the manager of the property
If you think you can sue your parking lot manager, look up some data on your manager in case they’ve been sued before for the same thing. If not, then continue to talk to your car until you find a manager who will allow you to file a lawsuit.
If the manager does allow you to sue, he or she will need to be identified as a defendant in the lawsuit. This can be difficult or impossible if there is no name on file.
Does the property have signs stating they are not responsible for slips and falls?
If the parking lot is large, there may be a time when you miss your spot because of the ice. If there are no signs warning of the inoperable condition, you can file a lawsuit against the property for failing to provide adequate supervision.
This type of case is referred to as an agent case and is rare. Most cases will go through insurance companies or security guards as witnesses.
If your case does not gain enough traction with the property owners, it can be time to look at alternative options. You can try pushing the legal system, but it may take a long time to get results.
Event planners should always consider having a backup plan in case something goes wrong. Cupcake sales or other fund-raising events can help cover any losses from the event itself.
What is the condition of the sidewalk?
If you fall down a hill or slide on ice in a parking lot, you may be able to claim damages through legal action. There are several ways to do this.
Use a sidewalk stakeout. You can use a standard stakeset, or a stake that is specifically designed for this purpose. These special stakes are often shaped like disks, and are placed along the sidewalk along the length of the stake-out.
You can use a standard stakeset, or a stake that is specifically designed for this purpose. These special stakes are often shaped like disks, and are placed along the sidewalk along the length of the stake-out. Use an impact zone stakeout. These specialized stakes are used only when building new sidewalks or installing existing ones with an impact zone added. The impact zone makes it easier for people to walk on and over the frozen section of concrete.
These specializedstakes are used only when building new sidewalks or installing existing ones with an impact zone added. The impact zone makes it easier for people to walk on and over these frozen section of concrete. Use traction products such as chalked outlines or tape measures to mark where the sidewalk should be located.
What is the weather like?
If you are cold or if someone else is cold, you can sue the parking lot owner or designer for not providing enough insulation or covering of the ice. It is the person who created the icy surface or design that is considered.
If you are injured while in their care, then you can sue them as well.
These people are paid to design and create these surfaces to prevent people from slipping and falling. If they do not meet their obligations, then someone can file a lawsuit.
You can also sue if you were injured because you did not follow proper safety practices such as standing on dry ice only when it is frozen and there is no risk of melting, or walking on ice without protection.
These kinds of practices have been shown to cause injuries such as heatstroke, wet feet, and bones breaking. If someone fails in their duty to protect people from harm, then they can be sued.
Who was responsible for maintaining the area you fell in?
If you can sue someone for slipping on ice in a parking lot, it’s best to find someone else to blame. In most cases, the person who was keeping track of their cars and parking lots was not responsible for your slip on ice.
Most places have staff that monitor parking lots and cars. If a car is parked poorly or there is evidence of damage to the car, then the owner is usually responsible for keeping an eye out for any ice problems and calling a safe hauler.
Who pays when a safe hauler comes? The owner of the car!
If you sue someone for causing you harm while slipping on ice, you may be able to use evidence that they were responsible for fixing the problem as part of your case.
Does it look like there has been a prior fall in the area?
If you notice an unusual shape or depth to the fall, it may look like there has been a previous winter in the area. If you see evidence of snowdrift or ice scrapings, it can tip off a judge that this can be considered property damage liability.
Does the area seem frozen over? If so, it may look like there has been a prior winter because of the frozen precipitation.
If no, continue looking for possible signs of winter. If you see some white marks on the structure or evidence of frosting on something, that proves heat is retained and protection is adequate.
Continuing to look for snowfall indications is also a way to find another potential lawsuit for your entity as some homes do not protect their property from the winter weather.
This article talks about two ways for entities to avoid being sued for ice/snowloss in a parking lot or structure.
Take pictures of the area you fell in
If you can’t be there in person, can you can take pictures of the area where you fell? You want to be sure that you have captured the area where you fell so that a staff member can determine if it is safe to return to.
If you slip and fall in a parking lot, camera phablets are a great way to recover. Take a few pictures of your vehicle and other parked vehicles to help determine if there are any signs of damage or people inside the vehicle.
Label all safety equipment such as safety belts, blankets, and pins so that they are clear for recovery. If someone else is going to try to recover your fallen body, these pieces of equipment must be used!
Can You Sue for Slipping on Ice in Parking Lot? will discuss ways for people who fall on ice or in parking lots to recover and sue if they are too hurt to do so themselves.