It depends on the circumstances and if you can prove negligence.
Like many midwestern states in the U.S., Missouri has winters that can be cold, snowy, and windy. They can create icy conditions that not only affect drivers on the road but pedestrians, as well. Because winter weather makes sidewalks, parking lots, steps, and driveways slick and dangerous, you can easily slip and fall on a hard surface.
When you fall because of a slippery walking surface, it’s possible to suffer more than a bump or bruise. Our Kansas City injury lawyers understand that a winter slip and fall on slick pavement can cause serious injuries that may be life-changing. If that happens, you may wonder who’s responsible for the snow and ice accumulated on the slick pavement that caused you to go down. Our attorneys at Peterson Law Firm help people understand their legal rights and options for seeking compensation. Here, we discuss business liability for icy sidewalk falls and key factors that may make a business legally responsible for your slip and fall injuries.
Business Property Liability for Snow and Ice Slip and Falls
Determining whether a property owner is liable for a slip and fall accident because of snow, ice, or freezing rain depends on many factors. The injured victim must prove the at-fault party failed to remove the snow and ice where they fell, and that led to their injury. Here are some key elements to consider when filing a premises liability claim:
Proving Negligence
When filing a premises liability claim, you need to consider whether the business had notice of the dangerous icy conditions and failed to take reasonable steps to address the hazard. Property owners have a legal duty to maintain reasonably safe premises for invited guests like customers or clients. To prove negligence, you typically must show the following:
- The business knew about the icy parking lot or sidewalk, or should have known
- The business failed to fix the hazard or provide adequate warning within a reasonable timeframe
- You suffered injuries as a direct result of the business's failure to address the ice and snow
Because you need evidence of negligence, it’s important to include one or some of the following in your claim:
- There were prior complaints about snowy and icy conditions on the property that went unaddressed.
- There was a lack of ice and snow removal after prior winter storms.
- There was an absence of sand, salt, or other de-icing measures on the surface where you fell.
- There were no warning signs alerting visitors and guests about the slippery surfaces.
Missouri’s Natural Accumulation Rule
Missouri follows the "natural accumulation rule" for weather-related slip and fall cases. Under this legal doctrine, businesses are not automatically liable for injuries caused by the natural accumulation of snow or ice.
However, the natural accumulation rule has some important exceptions. A business may still bear responsibility if the following is true:
- The ice formed unnaturally due to a defect on the property, like a leaking gutter or broken water pipe.
- The business's snow or ice removal efforts actually made conditions more dangerous, such as piling snow near walkways where it later melts and refreezes.
Timing of Icy Accumulation
How long the ice was present on the sidewalk or parking lot is another key factor. Property owners are typically allowed a "reasonable" amount of time to discover and remedy winter hazards. What counts as a reasonable timeframe can depend on the following unique circumstances:
- When the ice accumulated in relation to business hours
- Severity of the recent winter weather
- The business's general snow and ice removal practices
For example, if a freezing rainstorm causes sidewalks to ice over at 3 a.m., a business that opens at 10 a.m. should be given more time to address slippery surfaces and alert visitors and guests than a 24-hour establishment should in taking steps to salt walkways or alert customers.
The Location of Your Fall
The specific location of your icy sidewalk fall can also impact the business's potential liability. Property owners usually have responsibility for walkways, stairs, and parking lots directly adjacent to their building. However, liability may become less clear for slip and falls that occur on the following surfaces:
- Public sidewalks bordering the business property
- Shared parking lots serving multiple businesses
- Areas where the property line is unclear
Even in these situations, the business may still be responsible. Some local ordinances require businesses to clear snow and ice from adjacent public sidewalks.
Snow and Ice Removal: Local Ordinances
Many cities and counties have specific laws dictating a business's responsibilities for winter weather management. These local ordinances often require businesses to:
- Remove snow and ice from bordering public sidewalks within a certain timeframe after accumulation stops
- Apply salt or sand to hazardous areas
- Display signage warning of slippery conditions
Failure to comply with these ordinances can serve as strong evidence of negligence in an icy sidewalk fall case. An experienced Kansas City slip and fall injury lawyer can help you understand the applicable local laws.
Government Immunity in Missouri
Government agencies in Missouri are often protected from premises liability lawsuits involving sidewalk maintenance under “sovereign immunity.” In general, this protection shields public entities from liability for negligence, fraud, and other torts.
There are exceptions, however. Government agencies may be held responsible when the negligence is extreme or when a municipality fails to meet its legal obligations. Our knowledgeable legal team can help identify whether this immunity applies to your case and explore alternatives like pursuing a claim against contractors or other relevant parties.
Missouri’s Comparative Fault Rules
When you file a premises liability claim against a business, they may try to argue that you are partially responsible for your fall. For example, if you were texting on your phone or walking your dog, you may have missed or ignored posted warning signs about the slippery surface.
Missouri follows comparative fault rules in personal injury cases. If you are found partially to blame, your compensation can be reduced by your assigned percentage of fault. You can recover compensation as long as you are 49% or less at fault. Our slip and fall lawyers can advise you on how comparative fault may impact your case.
Contact Peterson Law Firm After an Icy Sidewalk or Parking Lot Fall
Slip and fall cases that involve winter weather can be challenging. But our lawyers will assess your case, gather key evidence, and help you pursue fair compensation for medical bills, lost wages, pain and suffering, and other losses. Read our case results to learn how we’ve helped other injured victims who were hurt after a slip and fall on an icy and/or snowy surface.