What Must Exist To Win An Icy Sidewalk Slip And Fall Claim In Minnesota

We’re in the middle of winter here in Minnesota, and that means there’s plenty of snow and ice to go around. When it accumulates on sidewalks and driveways, it can create hazards for anyone who needs to pass over this area, and if you don’t remove the snow that’s developed on your walkways, you could be held liable in the event a neighbor or the mailman slips and is injured on your property.

Simply falling and suffering an injury on snow and ice isn’t often enough to always earn a personal injury award. There are other factors that must exist in order to have a strong injury claim. In today’s blog, we explain what factors typically need to be present in order for you to have a successful injury claim after falling on an icy sidewalk.

Negligence Is Key For Icy Slip And Falls

If you’re outside walking in less-than-ideal conditions, you assume some of the risk that comes with this action. Slipping on a neighbor’s property during a snowstorm could be reasonably expected, so you likely wouldn’t have much luck attempting to pursue an injury claim in these conditions. In most instances, what sets a winning slip and fall claim apart from one that will be denied is the clear establishment of negligence.

You’ll need to prove that another party holds the majority of the fault for your slip and fall accident. As we noted above, if you go walking in a snowstorm, you’re likely more to blame than anyone else if you end up slipping on a patch of ice and suffering an injury. However, if a neighbor or business failed to remove snow or ice in a timely manner, you absolutely may have a case for injury benefits.

So how soon does someone need to remove snow and ice from their sidewalks in Minnesota? Most cities and municipalities have their own rules regarding proper snow removal, so look into your local laws. For now, we’ll look at what Minneapolis and St. Paul say in regards to snow removal.

In both Minneapolis and St. Paul, homeowners and property managers are required to clear sidewalks and walkways to the best of their abilities within 24 hours of the end of the snowfall. This means that if it snowed overnight and you slipped on your way to your car in the parking lot in the morning, you may not have much of a slip and fall case, because 24 hours had not yet passed since the snow stopped. Property managers and homeowners need to have a reasonable amount of time to clear snow and ice, and 24 hours gives them time to account for overnight snow or their work duties.

Even if more than 24 hours have passed, there’s no guarantee that you’ll be able to win a slip and fall claim. Again, it really comes down to what steps the property owner did or didn’t take in order to mitigate the risks of an injury. For example, it’s oftentimes difficult to get all snow off of a sidewalk during the winter, especially if the temperature never gets above freezing. If a property owner shoveled to the best of their ability and used ice or sand to protect against slippery spots, but you still managed to fall on one of the lone slippery surfaces, the insurance company may still find that you hold the majority of the fault for not being more careful on the walkway. Conversely, if snow and ice has gone unaddressed for days, you certainly have a better chance of winning a slip and fall award.

Each case will be evaluated on a case-by-case basis, and we’ve seen all sorts of icy sidewalk compensation claims. We’ve seen cases against homeowners who didn’t organize snow removal from their property when they were gone on vacation or wintering in a southern state, and we’ve seen cases where a landlord didn’t realize that melting snow accumulating at the bottom of a downspout was causing a slippery situation when the melted snow refroze into a large patch of ice. Being oblivious to a hazard and intentionally ignoring a hazard may be viewed similarly by the courts if you had an onus to protect others from slippery conditions and failed to do so.

Our best advice to anyone considering filing an icy sidewalk slip and fall claim is to document the scene as best as possible before you leave. Take pictures with your smartphone or have a witness photograph the scene to help establish negligence. From there, your best bet is to connect with a skilled personal injury law firm to clearly prove negligence on behalf of the property owner. We’ve done this for countless clients, and we can do the same for you. It may come down to your word versus the homeowner’s, and we want to ensure the insurance company sees your version as the truth. Let us help get you the compensation you deserve if you suffer a slip and fall on someone else’s property this winter.

For more information, or for help with a different type of injury claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.