It's important to tread carefully outside after the snow falls, as it's easy to slip and fall. In most cases, it's the property owner's responsibility to remove the snow and ice that has accumulated on the surfaces of the roads to ensure optimal safety for those passing by. While snow can be slippery, black ice is perhaps the most dangerous aftermath of snow that you need to be on the lookout for. Black ice forms when air temperatures drop to 32 degrees and below. It's basically invisible and the culprit behind many slip and fall accidents.
If you fell outside someone's private party due to their negligence, but the property owner is saying it's your fault, it may be difficult to prove their negligence. To prove that you did your best not to slip and fall, your attorney will normally request for the at least one of the following types of evidence.
Bring the Footwear You Wore That Day Along
The property owner might argue that it is not their negligence but yours that resulted in the slip and fall accident. In the event that you were not prepared for the icy and snowy weather, you might have worn poor footwear that cannot offer any grip or traction on the icy roads at all. As a result, they might claim that you contributed to causing the accident, which is why they are either not responsible for compensating you for the fall or should not have to pay a large compensation for the accident. Their main argument is that the accident would not have happened if you were wearing appropriate footwear.
Don't let this defense slide in court. Your slip and fall attorney will usually request that you bring in the footwear that you wore on the day of the accident to prove that your footwear is in good condition and does have some grip at the bottom. It's a bonus if the footwear you were wearing that day happens to have rubber soles or shoe ice grippers on them, as this proves that you were indeed prepared for the weather and the icy road conditions.
Take Photographs of the Scene of the Fall to Show Negligence in Ensuring a Safe Space
Depending on where you slipped and fell, different parties may be responsible for keeping that part of the road clear. The parties you are holding responsible might claim that they did indeed do a good job. They might claim that your accident is merely caused by a combination of unfortunate events, and that they did indeed make an effort to clear the roads of ice and snow.
To disprove these claims, take photographs of the scene of the fall to show that the surface of the road was indeed unsafe and unsuitable for walking on. Show how deep the snow is and how much ice was on the road. It's also important to take the photographs from different angles in order to show depth and in order to give the judge a better idea of how much ice was on the road and the angle of which you must have slipped and fallen on the day of the accident. A medical expert can use this evidence to prove how your injuries came about and why your injuries are as severe as you claim.
Witness Testimony to Prove You Were Walking Carefully
Slipping from circumstances that are out of your control is different than slipping due to the fact that you were running or jumping around. Your slip and fall attorney will want to prove that you were walking carefully when the accident happened, and that you had tried your best to not be involved in an accident. This is where witness testimony comes in handy. A witness can give the court a good idea in regards to where you came from and where you were going. They can tell a judge whether you were walking carefully or whether you were being negligent.
The manner of which you were walking is not the only factor that needs to be taken into account. If your witness can remember whether you had your hands in your pockets or whether you had them out, include the details into their testimony as well. If your hands were out, it means that you were able to brace yourself during the fall. This means that you have already performed the necessary due diligence to reduce the severity of your injuries by as much as possible.
Conclusion
As winter approaches, you'll face more and more snowy days than sunny days. It's not unusual for the roads to be covered in snow or ice. If you have slipped and fallen on both commercial and residential properties, you might be able to seek compensation for your injuries in the event that you can prove that the accident was caused by negligence. For more information and assistance, contact a slip and fall attorney.
Share21 December 2016
I have never been someone who likes the idea of suing another person, but after my family was plowed into by a drunk driver with no regard for the law, my tune changed. I realized that I needed to do what I could in order to make things right, so I started looking for a lawyer who could help me to fight for the settlement I deserved. It took a few months in court, but by the time I won my settlement, I felt a lot better about things. This blog is all about getting the legal help you need when you need it the most.