In wintry weather conditions, walking safely in parking lots and on sidewalks may pose a challenge when there is snow or ice on the ground. In reality, falling is among the most common causes of avoidable injuries in the United States, and the winter season is when the majority of accidents in the snow take place. This is especially true when daylight hours are shortened, rendering us with lower visibility of the dangers that are right there in front of us.
If you have just sustained an accident in the snow, here’s what you need to know about your rights.
Responsibility and Liability
All property owners have a responsibility to maintain guest-accessible spaces in suitably safe conditions. This includes communal areas, parking lots, and even sidewalks that are adjacent to the actual building. The owner of the property may be held accountable for a visitor’s injuries in a premises liability lawsuit.
In some accidents, it is easy to decide who is responsible for it. For example, when someone slips and falls on a neighbor’s walkway, it is easy to find out whom to blame. However, it might be difficult to determine who is to blame if you fell while on a sidewalk, parking lot, or other public space owned by a business.
For you to determine the amount of compensation you are eligible for, it is crucial that you identify all parties that may be held accountable.
Shared Responsibility and Liability
Property owners frequently assert that an accident victim contributed to their own injuries as one of their defenses. How different states approach cases when the plaintiff shares liability for the damage varies. One of three categories of laws below can be utilized:
- Pure comparative fault: Any accident victim who sustained injuries may file a lawsuit against any other at-fault party. Regardless of whether they are one percent or ninety percent at fault, their percentage of fault will be deducted from the accident victim’s damages.
- Modified comparative fault: Accident victims who contribute to the cause of the accident may be entitled to less compensation, depending on their level of fault. However, victims who are more than 50% (or 51% in some areas) cannot receive any compensation for their injuries.
- Contributory Negligence: Any plaintiff who was at fault for the fall is barred from pursuing damages for their injuries under the doctrine of contributory negligence. This is true even if the accident victim contributed just 1% to its cause.
File a Case with Pazer Epstein Jaffe Fein & Gozenput, P.C.
If you have sustained an accident in the snow and are unsure about the rights that you have, it is better to take the advice of an injury and accident lawyer to know the details of compensation and claim. At Pazer Epstein Jaffe Fein & Gozenput, P.C., P.C, our team of lawyers is highly dedicated to making clients feel satisfied with the legal process. After consulting with us, you can either resolve the issue with the owner or file a case in court. Every client gets a chance to seek justice.