Maybe you fell in an icy parking lot that hadn’t been salted, or maybe you slipped on snowy stairs going up to an office. There are many ways and places you can slip and fall during Missouri’s winter months. Winter slip and fall injuries can be some of the most serious because snow and ice can create unstable surfaces, and black ice is nearly impossible to see—making walking extremely hazardous.
According to the Agency for Healthcare Research and Quality, one-third of emergency room injury visits in 2017 involved falls. At Peterson Law Firm, our skilled Kansas City injury attorneys know that these falls can cause traumatic brain injuries, broken bones, and spinal injuries—and all can leave you with expensive medical bills and lost wages. Here, we discuss the steps to take after a slip and fall, to help ensure that you receive fair compensation should you choose to file a personal injury claim.
Winter Slip and Falls: Watch Out for Slippery Surfaces
There are obvious reasons that slip and falls are more common in the winter months. Winter weather creates a perfect storm of hazardous conditions, especially in parking lots, on sidewalks, and around building entrances. Some key factors include the following:
- Sidewalks, parking lots, steps, and entranceways are slick and dangerous when there’s a build-up of snow and ice.
- Some property and building owners may not salt slippery surfaces or shovel them quickly enough to making walking on them less hazardous.
- Ice and snow can get tracked into buildings and melt into wet puddles making walking into their entranceways, foyers, and lobbies treacherous.
- Impact injuries are more likely when you hit hard, icy ground, and this can increase the severity of your injury.
Property Owner Responsibility: Keeping Visitors Safe
While some slips and falls are truly accidental, many result from negligent property maintenance. Store and business owners, property owners, and landlords have a legal duty to keep their premises reasonably safe—and that includes prompt snow and ice removal. Some reasonable steps include the following:
- Treating and shoveling walkways after winter storms, icy rain, or even a small dusting of snow
- Placing rubber mats and wet floor signs at entrances to buildings
- Mopping up melted snow puddles wherever visitors have tracked it into the building.
Important Steps: What to Do After You’re Injured in a Winter Slip and Fall
Winter slip and fall injuries often require emergency treatment, surgery, physical therapy, and ongoing care—not to mention missed work time. For victims, the costs can be staggering.
But if a property owner's negligence caused the dangerous conditions, you shouldn't be stuck with the burden. Premises liability laws exist to protect visitors from preventable harm.
If you've been seriously hurt in an icy spill, don't dismiss it as clumsiness or bad luck. You may have legal options to recover the compensation you need to heal and move forward after a winter slip and fall injury. Our experienced personal injury attorneys can help you understand your rights and advocate for your recovery. Here, they share important steps you should take after your slip and fall to protect your claim for compensation:
#1: Communicate the incident to the building, store, or property manager right away. Insist that they create a formal accident report, which could be critically important if you file a personal injury claim. The report should include the details of what happened from your point of view.
#2: Take photos of the location where you fell. Get pictures of any wet areas, snow, ice, and lack of warning signs. Be sure to get photos of any torn or ripped clothing and any belongings that were damaged in the fall.
#3: Talk to eyewitnesses. Find out who saw you fall, and get their contact information. Talk to any employees who saw the accident, as well.
#4: Get medical care immediately. You may think a simple spill or stumble is an embarrassment, and you’re quick to brush it off. However, injuries from a slip and fall can present days or even weeks later. It’s important to see a doctor not only for your health, but your medical report will help connect any later pain or symptoms to the accident.
#5: Keep a file of all your records. This file should include the accident report, the photos you’ve taken, medical bills, insurance information, as well as your notes or journal of how the accident has negatively affected or changed your life.
#6: When you notify your insurance company and the one for the business, store, or property where you fell, stick to the facts. Only give them a bullet list of what happened. Don’t admit fault or state that you were “clumsy” or “didn’t see the ice.” Don’t downplay the severity of your injuries.
#7: When the insurance company for the defendant contacts you, don’t give a recorded statement. They may use tactics to get you to say things that might hurt your claim, and likely they’ll try to use your words against you later. Additionally, don’t accept any settlement offers without talking to our lawyers first. You will likely get a low-ball offer that doesn’t come close to covering all of the compensation you deserve.
#8: Consult with our injury lawyers to give you the greatest chance of fair compensation. Remember, the liable party will have lawyers and insurance reps on their side from day one. To even the playing field and help ensure you don't get stuck paying for their negligence, you need a skilled legal ally who knows how to build a successful claim.
How Can Our Injury Lawyers Help?
Far too many slip and fall victims make the mistake of trying to go it alone. But an experienced attorney can be your secret weapon from the moment you fall. They can help by doing the following:
- Communicating with the building, property, or business owner and their insurance company so you can focus on your recovery
- Gathering and preserving important evidence to prove that negligence caused your injuries
- Calculating the true long-term costs of the accident and fighting for maximum compensation
- Filing all claim paperwork and negotiating aggressively with insurers for a fair settlement
- Taking your case to court and representing your interests in front of a judge or jury, if necessary
You have enough to worry about after a serious slip and fall injury. With the right slip and fall lawyer by your side, you can protect your health, your finances, and your future after a slip and fall disrupts your life. Read our case results to learn how we’ve helped other clients with their slip and fall claims.