Who is liable for an icy sidewalk slip-and-fall?

On Behalf of | Dec 24, 2024 | Pedestrian Injuries

Sidewalks are a key element of local urban infrastructure. They allow pedestrians to quickly access businesses and residential dwelling units. Keeping people off the roads where vehicles drive can reduce the likelihood of major injuries caused by pedestrian-vehicle incidents.

However, sidewalks come with their own unique set of hazards. Trees and other vegetation growing near the sidewalk can break the pavement or push individual blocks of sidewalk out of place, resulting in uneven surfaces. Frost heave caused by the ground repeatedly thawing and freezing can also lead to uneven and broken sidewalks. People can trip over broken sidewalks or uneven sidewalk transitions.

Winter weather often leads to snow accumulation on sidewalks or ice that makes the pavement as slick as a skating rink. People can easily end up hurt if they slip and fall on an icy section of sidewalk. Who is liable for slip-and-falls that occur due to icy sidewalks?

Property owners should maintain the sidewalks

Generally speaking, property owners have a duty to maintain their holdings in reasonably safe condition. The owner of a piece of real estate must maintain the adjacent sidewalks. That includes ensuring the timely removal of snow and ice from the sidewalks so that mail carriers and others can safely walk on the sidewalk.

Local rules mandate the removal of snow and ice within 24 hours of precipitation accumulating. People may shovel or apply chemicals to melt the ice. They may even sprinkle sand or pea gravel to help pedestrians maintain traction when it is too cold to melt the ice.

When property owners fail to keep their sidewalks clear and accessible, anyone passing by can end up seriously hurt due to their failure to maintain a safe surface areas on their property. In such scenarios, the property owner may be liable for any injuries and property damage losses caused by a sidewalk slip-and-fall or trip-and-fall incident. Usually, homeowners’ or business owners’ insurance helps cover such losses. Premises liability coverage can apply to incidents where people fall and are injured both inside and outside of an insured property.

Those hoping to pursue a lawsuit after a slip-and-fall incident on icy sidewalks or a trip-and-fall incident may need legal support. Documenting the scene, injuries and other losses is a good starting point for those who want to demand accountability from irresponsible property owner.