| A winter wonderland may be fun to sing | | | | It's just not feasible, in cold climates, to maintain parking |
| about--especially on Christmas eve--but, if you are | | | | lots completely free of ice and snow. On the other |
| negotiating a treacherous parking lot covered with ice, | | | | hand, if ice had accumulated to a dangerous degree in |
| bursting into song is the last thing on your mind. | | | | the parking lot and the owners knew or should have |
| Slipping on ice is no laughing matter and, although falls | | | | known about it and took no steps to fix it then they |
| may be funny in some slapstick type comedies, they | | | | could be liable. |
| can be downright deadly in real life. | | | | If she fell on the steps to her apartment her claim |
| To mind comes the case of diet founder Robert | | | | might be stronger. Apartment complexes normally |
| Atkins who on April 8, 2003, at age 72, slipped on the | | | | have a duty to remove ice and snow that |
| ice while walking to work, hitting his head and causing | | | | accumulates on stair steps. |
| bleeding around his brain. | | | | If she fell on a sidewalk her claim might be stronger still. |
| After losing consciousness on the way to the hospital, | | | | Some counties and cities have ordinances which |
| where he spent two weeks in intensive care, he died | | | | require a landowner to remove snow from the |
| of "blunt impact injury of head with epidural | | | | sidewalk within 24 hours. You can often find those |
| hematoma." | | | | ordinances on-line, at your local public library or, if that |
| Fortunately, most falls--though painful--are not this | | | | fails, at a nearby law library. |
| deadly. You may be wondering, if you've fallen on the | | | | Law libraries are found at law schools, and, often, |
| property of another, if you have a claim. I've | | | | adjacent to court complexes. Most law libraries are |
| responded to that issue in the following question which | | | | open to the public and, during business hours, they |
| was originally posed at | | | | frequently have a reference librarian or other |
| Q. My mother slipped on the ice at her apartment | | | | assistants to help you find what you are looking for. |
| complex and injured her shoulder and back. The | | | | And, if you want to know exactly when the snow last |
| complex assistant manager witnessed her fall. She | | | | fell, consult the National Weather Service at its |
| has been off of her job at Walmart from the beginning | | | | website, for weather info on your locality. |
| of December and cannot go back until January. She is | | | | Conclusion |
| 85 and supplements her Social Security with her job at | | | | Slips on ice are a peril of life in a cold climate. Many |
| Walmart. | | | | people fall without negligence on the part of the |
| Does she have any recourse? | | | | property owner. Whether you have a claim will depend |
| A. Slip and fall cases can be tough. | | | | on the law in your state and the facts of the case. |
| The key is "duty". | | | | Disclaimer |
| Did the apartment complex have a duty to remove ice | | | | This article is intended for information purposed only. If |
| from the spot where your mother fell? Whether they | | | | you have a specific question about the law in your |
| had such a duty depends on the facts. It depends on | | | | state consult an experienced injury attorney who has |
| where she fell. | | | | experience with slip and fall cases. He or she will help |
| If she fell in the parking lot she might not have a claim. | | | | you sort out the facts. |