Who Is Responsible For An Icy Sidewalk Slip And Fall?

People have different reactions when they slip and fall on an icy patch. Some immediately think “I should have seen that ice,” while others start lambasting the property owner in their mind, “Why didn’t the homeowner clear this snow off sooner!” But how is responsibility for an icy slip and fall injury claim determined in Minnesota? We explore the factors that go into making that determination in today’s blog.

Determining Liability In An Icy Sidewalk Slip And Fall

Like many things in the world of injury law, determining who is at fault when a person slips on an icy patch of sidewalk is not a black and white matter. Many relevant factors will be used to determine whether one party is responsible or more than one party shares responsibility. The reason for this is because Minnesota law doesn’t set a specific time period for when snow and ice needs to be removed from public walkways. Instead of saying that a homeowner is liable if ice remains on their sidewalk for more than 24 hours after a storm has ended, the law simply states that a property owner needs to address the walking conditions in a “reasonable” amount of time.

What is reasonable fluctuates based on specific circumstances. Some factors a court will analyze when determining whether a property owner’s response was reasonable include:

How long the conditions remained on the walkway
When the storm began and ended
If the homeowner had a plan in place for removing snow and ice
If attempts had been made to clear the property
The nature of the property and walkway
A person’s work or travel schedule

For example, if it was still snowing when you left for work, and someone slipped on your sidewalk before you returned home, you’d have a strong case that you are not responsible for their injuries because you did not have time to address the matter and the injured party should have been aware of the inherent risks of walking during or shortly after a winter storm. However, not being home doesn’t always absolve you of liability. If you winter in Florida and don’t have a plan in place for maintaining your sidewalks while you’re gone, your absence from the state doesn’t excuse your responsibility to your friends and neighbors in Minnesota. All relevant factors will be reviewed on a case by case basis to determine where fault lies.

Similarly, it will not just be the property owner’s actions that will be under scrutiny. If the injured party was walking during or shortly after a storm, if they were not well-equipped to traverse the wintry terrain or if they were distracted by a conversation or by their cell phone, they may bear some of the responsibility for their injuries. They may be partially to blame or hold the majority of the fault, and that can impact liability or whether or not someone actually has a valid premises liability claim.

One thing is for sure – don’t expect the other side to admit to being fully at fault. The other side will do everything they can to minimize their fault and place the blame on you, so you need to protect yourself. Hire a slip and fall attorney to prove your argument, win your case or protect yourself against claims of liability. Dean and the team at Margolis Law Firm have been doing this for clients for decades, and we’d love to add your name to our list of satisfied clients if you are ever injured in a winter slip and fall accident in Minnesota.

For more information about sidewalk liability during the winter in Minnesota, or for assistance with another type of injury claim, connect with Dean and the team at Margolis Law Firm today at (952) 230-2700.