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Long Island - Snow and Ice Injury

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This time of year, we get many calls from people who have been injured due to a slip and fall on snow or ice. This post provides some insight into the analysis of what makes a good snow and ice case.

The Fall Cannot Occur During a Storm

According to the “storm in progress” rule, if the person slips and falls due to conditions caused during a storm, there will be recovery against the property owner. The theory of this rule of law is that we don’t expect property owners to venture out into a storm and clear a passageway that will only be covered up again due to the weather. Rather, the property owner is given a reasonable amount after the time to go outside and make sure the property is safe.

The Location of the Fall Is Very Important

If the fall is on private property, the potential claim would be against the property owner. If the fall is on government property, or the street or sidewalk, the case becomes very challenging. Most municipalities have some sort of law that restricts their liability for these type of cases. It is very important to check the law of the municipality where the accident occurred. Furthermore, if you do have a case against a municipality, the law requires that a notice of claim be filed within a very short amount of time.

Photographs of the Condition that Caused the Fall Are Very Important.

In order to have a case, the injured person must be able to describe the condition that caused the fall. Photographs are the best way to document the cause of the fall.

Did the Person Avoid a Safer Path?

The location where the fall occurred may be used against him/her. A jury will likely find that the injured person significantly contributed to the accident under these circumstances.

If the fall occurs at work on company property, the claim may be barred by worker’s compensation laws.

As can be seen by this brief summary, it is important to promptly investigate these claims to see if the injured party has a viable cause of action. Contact a Nassau County personal injury attorney at Foley Griffin today. Se habla español.

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