When you park to go shopping, you hope that you will not encounter any incidents that might cause serious injury. But accidents can happen, especially in the winter weather months. Slips and falls are common throughout Southern Missouri during this season.
Understanding the law surrounding parking lot slips and falls can help you make the case for the damages you need to recover. So, too, can hiring an experienced personal injury attorney. That’s where Privette Law Office comes in.
Property Owner Duties for Snow and Ice Removal
As a general matter, property owners have a duty to keep their premises free of unreasonable hazards. But the exact nature of that duty depends on the category into which an injured visitor falls. Missouri law recognizes three categories:
- Invitee: This is someone who has been invited to visit the property, typically for business purposes. The property owner must keep the property free of known hazards as well as any that could be revealed through an inspection.
- Licensee: A licensee is an individual who is given permission to be on the property for their own purposes (more common in a residential setting). The owner should correct duties they know about but has no duty to inspect.
- Trespasser: A trespasser has no legitimate business on a property, so the owner is generally not liable for injuries. Possible exceptions include where the owner deliberately causes harm to the trespasser or the trespasser is a child.
Of these categories, invitee is most likely to apply to the commercial setting of a business parking lot. This represents the highest duty, especially with regards to the duty to inspect. Put simply, a business cannot turn a blind eye to hazardous snow and ice in its parking lot.
How Soon Must the Property Owner Remove the Snow or Ice?
Snow and ice can bring hazardous conditions to parking lots in Southern Missouri. But the question then arises: how soon does the property owner have to act in removing this dangerous condition?
A court is going to consider, first, whether the property owner’s actions (or lack thereof) were reasonable. A judge might ask: what would a reasonably prudent property owner do to prevent injuries in the business parking lot? Would it include putting salt down or posting warning signs?
However, this is just part of the court’s consideration. The judge must also be mindful of what’s known as the natural accumulation rule. This rule shields owners from liability for accidents resulting from the natural accumulation of snow and ice on their properties.
Another way of describing it is if the snow or ice accumulated due to natural weather conditions, and the property owner did not alter the hazard or make it worse, then the owner is probably not liable. This rule is therefore a common business defense in parking lot slip and fall cases.
Exceptions to the Natural Accumulation Rule
The natural accumulation rule may not apply if:
- The owner created an unnatural accumulation: For instance, if the owner piled up snow that caused runoff and freezing, or allowed a leaking pipe to spread water that froze, the court will see this as an unnatural accumulation.
- The owner removed the hazard but created another one: This is similar to the above category and occurs when, for example, the owner puts salt on the ice, causing it to melt, but it then re-freezes overnight.
- The owner negligently removed the hazard: If the owner decides to remove the snow or ice, but does a poor job of it and someone gets injured, the natural accumulation rule might not be a viable business defense.
- The owner allowed other hazards: Other hazards on the property (e.g. poor lighting), combined with the ice or snow in the parking lot, may also serve as an exception to the rule.
Other Potential Business Defenses
Businesses can potentially raise other arguments to defend their actions. These include:
- Severe storms: Courts in general do not expect property owners to continually clear snow and ice during an active storm. However, once the storm ends, the owner should act within a reasonable amount of time to prevent or mitigate any dangers.
- Available resources: Did the owner have ready access to contractors or maintenance personnel who could clear the parking lot of ice or snow? If not, the court may be more lenient towards the owner’s actions.
Evidence That Can Strengthen Your Claim
If you were injured in a Southern Missouri parking lot slip and fall due to ice or snow, it will be your duty to present compelling evidence that the business was negligent. That evidence may include:
- Pictures and videos of the snow or ice: You should capture these images right away and before they melt or the owner removes them.
- Eyewitness statements: If there were any eyewitnesses to your slip and fall, get their names and contact information.
- Communications with the property owner: Any written communications you sent to or received from the property owner concerning the hazard may also be useful.
- Past incidents: If the business in question has a history of negligent conduct with respect to parking lot snow and ice, this evidence may also be relevant to your case.
- Medical records and work records: Get copies of your medical records and anything pertaining to lost time from work.
- Expert witness testimony: Input from expert witnesses can help, for instance with estimating a victim’s likely future medical bills.
Your Trusted Southern Missouri Personal Injury Attorney
The outcome of a parking lot slip and fall accident will depend heavily on the unique facts of the case. Let our dedicated personal injury team advocate for your rights. Connect today with Privette Law Office to get started.