It is that time of year again – snow, ice, freezing rain, etc.  Part of living in the northeast is dealing with inclement weather, and the slippery conditions that come along with it.  Be sure to use extra caution at this time of year, and take an extra second to be aware of your footing.  Also make sure you utilize appropriate footwear.  Shoes and boots with good tread are a must.  Thinking ahead and exercising appropriate caution is not just common sense, it is your duty under the law.

Landowners, especially those that invite the public onto their premises, also have a duty under the law to use reasonable care to remove or treat slippery surfaces.  Plowing parking lots and spreading sand over walkways is a simple and effective way to reduce the hazards that come with winter weather.  Landlords typically have a duty to treat such common areas in apartment complexes.  Note that just because the landlord has a duty to treat the slippery surface, you as a resident do not get to ignore your own duty to use caution.  The landlord’s efforts only need to be reasonable under the circumstances – not necessarily “perfect.”  That means plowing, shoveling and sand/salt spreading may have small gaps which are still hazards, but do not necessarily constitute “negligence” under the law.  It is those gaps that you have a duty to keep an eye for.  “Reasonable” also means that the landlord has to have notice of the slippery conditions, and time to deal with them.  Just because the landlord wasn’t out spreading sand with three minutes of the first snowflakes, does not net necessarily mean he or she was negligent.  The same basic rules apply for owners of stores and businesses.  Avoiding slip and fall accidents usually requires appropriate precautions to be taken by both the landowner and the pedestrian.

We hope you have a safe winter but please contact us if you need our assistance.

If you are the victim of a slip and fall accident, you may wonder what steps you need to take.  The following guide sets forth some important steps for you to protect your claim.  You or your attorney will be dealing with an experienced insurance adjuster so it is necessary to take the following steps.

I. File An Incident Report

First, you should file an incident report because it creates a record of your accident and will help make your claim stronger.  In completing your incident report, you should include information such as:

• Date and time of the accident
• The conditions or hazard that caused the accident.  For example, such as ice on the parking lot, a liquid spill or hazard on the floor without any warning sign, a torn rug on the floor or pothole on the sidewalk
• Identification of any witnesses
Try to get a copy of your incident report as well as the name of the person to whom you reported your accident.

II. Determine The Hazard That Caused Your Accident
It is necessary that you determine the condition or hazard that caused your slip and fall.  Once you have done this, try to take photos of the scene.  Many cell phones have cameras or someone at the scene may be able to take photos.  Time is of the essence because some conditions or hazards such as liquid spills or ice may be cleaned up or removed.

III. Prepare a Diagram
If you are not able to take photos of the scene, draw the area with as much detail as possible, including the hazard causing your accident, the locations of any signs and positions of your fall.

IV. Identify Witnesses To Your Slip and Fall
In order to strengthen your claim, it is important to identify and locate any witnesses to your slip and fall.  These witnesses may be able to describe the condition or hazard that caused your fall and whether or not there were any warning signs at the time of the fall.

V. Seek Medical Care
It is important to seek immediate medical care for your injuries.  This will document your injuries and hopefully the medical treatment you will spend on your recovery.

VI. Photos Of Your Injuries
Some injuries such as bruising, swelling and scratches may heal quickly.  Photos of your injuries is important evidence.  Depending on the severity of your injuries, you may be prescribed crutches, or a brace or even have a cast or splint.  While your use of these devices may be temporary, taking photos of these medical devices will support the seriousness of your injuries.

VII. Wait to Give Information to the Insurance Company
You may be contacted by an insurance adjuster to discuss your claim.  Many times the adjuster requests to take a recorded statement from you about the accident and any injuries you may have suffered.  You may be asked to sign an authorization allowing the insurance company to get your medical records.