It has been a cold winter this year. Even in many areas throughout in the South, snow and ice have been very present this historically cold winter. Due to snow and frigid temperatures, Georgia Governor issued a state of emergency on Monday, January 15. “To ensure people’s safety and to allow GDOT to do its job, I urge people to remain home and off the roads,” Governor Deal stated.
Wherever snow and ice are present, not only are roadways more dangerous, but there is also an increased risk of falling. It is important for everyone venturing outside in wintry weather to take steps to stay safe. When falls do occur, it is important for fall victims to be aware of their legal rights and options.
Injury Liability for Falls on Icy Surfaces
Under Georgia’s premises liability law, property owners that invite others onto their property have a duty to “exercise ordinary care in keeping the premises and approaches safe.” Walkways in front of or alongside businesses would be considered approaches of those businesses. Therefore, businesses that are inviting people to come inside have a duty to ensure that the walkway leading to their business is safe to use.
When icy conditions are present, this means that business owners need to take reasonable steps to remove the ice and to warn people about the danger. However, a business is not necessarily liable for every trip and fall that occurs on an icy walkway leading into the business. Businesses do not actually need to remove all ice or ensure that walkways are completely safe. They only need to exercise “ordinary care.” Whether ordinary care has been exercised is a question of fact that depends on the circumstances.
Fall victims should understand that they may not be able to win a claim if a court determines that they assumed the risk. In premises liability cases, this principle is expressed by something known as the “superior knowledge” doctrine. This doctrine holds that a landowner must have had superior knowledge of the dangerous condition in order to be liable. Therefore, if icy conditions were obviously apparent, superior knowledge would not exist, and a business owner may not be liable.
Compensation in Icy Walkway Fall Cases
Plaintiffs that win slip and fall cases can expect to receive compensation for things like medical bills, lost wages, and pain and suffering. In some cases, additional damages may also be possible.
What to Do if You Fall
If you slip and fall on an icy walkway and suffer an injury, it is important to take steps to protect your potential right to compensation. Document the conditions at the time of the accident. Take photos of the walkway with your cell phone if you can. Most importantly, contact an experienced premises liability attorney as soon as possible to investigate your case.
Safety Tips
If you do need to go outside during wintry weather, there are steps you can take to avoid falling. You should take your time, wear shoes with good traction, and if at all possible avoid walkways that look icy. If you can’t avoid walking on an icy walkway, take shorter steps. And if you do fall, try to relax your body and make contact with the ground with your hip and shoulder together to spread out the impact. When people reach out with their arms to break their fall on an icy surface, they often only exacerbate their injury.
For More Information, Contact Williams Elleby Howard & Easter
Williams Elleby Howard & Easter, is dedicated to helping injury victim get the compensation they deserve. If you have suffered a fall on an icy walkway and think you might be entitled to compensation, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your case. They work hard to maximize compensation for every client they accept.
Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state. The attorneys at Williams Elleby Howard & Easter, offer free case evaluations and accept cases on a contingency fee basis, meaning clients don’t pay a dime in attorney fees unless and until they’ve won their case. If you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.
