As it cools down, we face unpredictable weather patterns, including rain and storms. During these poor weather conditions, the risk of a slip-and-fall accident increases. Poor weather conditions can hinder your ability to file a claim and achieve compensation. As such, it’s vital to contact an adept Birmingham Slip and Fall Lawyer, who can help you determine whether you have a valid claim. Please continue reading to learn how poor weather conditions can negatively impact your premises liability case.
Does weather impact premises liability cases?
If you’ve been injured in a slip-and-fall accident on another party’s premises due to a weather-related condition, it’s imperative to ascertain the potential liability of the property owner, as distinguishing fault plays a crucial role in your ability to recover monetary compensation for your damages. However, determining whether negligence occurred can be complex, mainly when poor weather conditions may have caused or contributed to an accident.
For poor weather conditions to be a factor in a slip and fall case, it must be established that the property owner knew or should have reasonably known about dangerous property conditions on their premises that could put their visitors at risk of injury if they fail to address the issue. For instance, if you are walking up to a retail store, the property owner of this commercial property is responsible for ensuring they maintain a safe environment for visitors. Therefore, if the walkway is covered with ice, causing you to slip and fall, the property owner can be held accountable for any injuries that occur as a direct result of their negligence. Property owners are responsible for clearing any hazards that could lead to severe accidents and injuires. However, property owners are granted a certain amount of time to remedy hazards on their property. That said, if the property owner did not have enough time to address the issue, they may not be liable for injuries caused by poor weather conditions.
Furthermore, if you are injured on the sidewalk due to poor weather conditions, you must determine the property owner of the sidewalk to establish liability. If the sidewalk adjoins a public road, it is considered municipal property. Otherwise, it is the responsibility of the adjacent property. They must remedy any weather-related hazards reasonably to prevent accidents and injuries. Therefore, if you were injured on a sidewalk due to an uncleared weather-related hazard, you may have a valid injury claim depending on the circumstances of the accident.
Can lousy weather negatively impact my claim?
Depending on the circumstances of your accident, poor weather conditions may negatively impact your ability to file a claim and recover compensation for your damages. As mentioned above, a property owner must have had prior knowledge or reasonably should have known about the dangerous conditions that caused your injuries for you to hold them liable. Therefore, if you slip and fall while shopping in a retail store due to poor weather conditions, such as heavy rain causing a leak in the ceiling, you may not be able to take legal action against the property owner if they didn’t have sufficient time to attend to the dangerous property conditions.
If you’ve been injured in a slip-and-fall accident due to poor weather conditions, please don’t hesitate to contact a dedicated lawyer from the legal team at Alabama Personal Injury Lawyers, LLC, who can help you fight to hold responsible parties accountable for their negligence.