Winter is here! Located in the Northwest, Kirkpatrick & Startzel often litigates slip-and-fall cases where a person was injured from slipping on ice or snow accumulation. A landlord or business could face a major lawsuit if the winter weather is not dealt with responsibly. Likewise, a tenant or patron may suffer serious injury but not know their legal rights or obligations. Here are some tips everyone may use, heading into the cold-weather months.
Washington law recognizes a landowner’s responsibility to exercise sensible care in alleviating an ice or snow accumulation hazard when the landowner knows, or should know, about the danger. Likewise, commercial tenants should not assume that they have no responsibility in maintaining their business premises. Even if the danger is open and obvious, the law expects that guests and tenants will endanger themselves, and holds irresponsible property owners liable. Thus, a landowner who wants to avoid a lawsuit should take affirmative steps to ensure that all winter hazards are addressed in a timely manner.
In addition to clearing snow from parking lots and driveways, landlords should ensure sidewalks are shoveled. An application of deicer or sand can help combat slippery ice. Businesses should ensure their workers are equipped with the shovels, snow blowers, deicer, sand or other tools needed to address dangerous sidewalks and parking lots. Everyone should document their efforts. Record all snow removal policies and log complaints about snow as well as each time snow is shoveled or other actions are taken to improve the safety of the premises.
TENANTS & PATRONS
Tenants and patrons must also exercise reasonable care. If there is a way to avoid the hazard, then avoid it. We deal with many personal injury cases where the injured person could have exercised some discretion and completely avoided the accident, and subsequent litigation. If you see a dangerous hazard, notify your landlord or the business you are visiting. If snow is not removed in a timely manner and creates a hazard, submit a complaint in writing. Evidence is important in establishing a personal injury case, and so developing good habits in recording evidence and documenting your actions can be very helpful.
If you suffered substantial injuries in a slip and fall on snow or ice, you may want to speak to an experienced litigation attorney.
By: Luke O’Bannan