| SNOW & ICE INJURIES | | | | the owner of the property to put them on notice |
| Winter time inevitably causes people to slip on | | | | of your accident. |
| snow and ice. They don't wear the right shoes or | | | | Injuries from slipping on ice or snow can be very |
| boots, the driveway wasn't plowed and the street | | | | serious and can include broken bones and the |
| wasn't sanded. If you fall and injure yourself while | | | | need for surgery. Take time to think whether this |
| slipping on snow or ice, can you be compensated | | | | could have been prevented. Or was your fall |
| (get money) for your injuries? | | | | simple carelessness that could have been |
| The short answer is maybe. In any snow and ice | | | | prevented if you were paying attention to where |
| case we look to see what the condition was like | | | | you were walking? The answer is sometimes |
| at the time you fell. If it was the middle of a | | | | difficult to answer. That's why an experienced |
| blizzard and nobody had time to clear the parking | | | | injury attorney can help guide you and advise you |
| lot in the middle of the night, it's not looking good | | | | about your legal rights. The longer you wait to |
| to be able to prove that the owner of the | | | | speak to an attorney, the greater chance you |
| property should have taken steps to clear the lot | | | | have of forgetting important information that |
| of snow and ice. The key to proving liability in a | | | | could help you in a potential case. |
| snow and ice case is whether the owner of the | | | | The best advice is to be careful while outside and |
| property knew of a dangerous condition and failed | | | | to make sure you're wearing the right winter |
| to timely act to correct it. This is called 'notice'. If | | | | gear. But even that doesn't always prevent an |
| the owner didn't know about a dangerous | | | | injury. |
| condition, how can he be held responsible for your | | | | Ice skating injuries - They happen. It's a fact. |
| injuries? He won't be. But, what if the icy condition | | | | Even to experienced skaters. You will always see |
| existed for a few days or weeks? Everybody | | | | big signs posted at every entrance to every |
| who lived nearby always saw the ice and nobody | | | | skating rink in New York that ice skating is a |
| ever salted or sanded the ice. In that situation we | | | | dangerous sport. The warning will say that you |
| would argue that the owner of the property | | | | "Skate at your own risk." That is the same as |
| knew, or should have known, that there was a | | | | saying buyer beware! |
| dangerous and icy condition on his property. | | | | We know that many sports are inherently |
| What if someone actually tells the owner of the | | | | dangerous, yet millions of people aren't going to |
| property about an icy area of his lot and he | | | | stop participating in dangerous sports just because |
| doesn't do anything to fix the problem? Well, as | | | | of the obvious dangers. Just the other day, |
| long as nobody gets hurt, he's avoided a lawsuit. | | | | Newsday reported on a tragedy involving a 15 |
| However, if someone does get injured at that | | | | year old girl who died while snowtubing at Killington |
| location, after someone has specifically notified | | | | Ski Resort in Vermont. Importantly, this girl and |
| him of a dangerous condition, and he fails to | | | | her teenage friends were on a skiing slope that |
| correct the danger, then in all probability he will be | | | | had already closed for the day. The incident |
| held responsible for failing to prevent injuries at | | | | happened at 7:00 p.m., and the key fact here is |
| that location. | | | | that the slopes closed at 4:00 p.m. There were |
| Sometimes, the owner hires a snow removal | | | | signs posted all across the ski resort that slopes |
| company (a snow plow) to plow the driveway, | | | | were off limits after 4:00 p.m. because of |
| street, sidewalk or parking lot. In some cases, | | | | snowmaking and snow grooming activities. Also, |
| these snow plow companies don't do a good job | | | | there was no snowtubing allowed on any ski slope. |
| and leave piles of snow in areas where they will | | | | What happened? The girl could not control the |
| melt, re-freeze, and then create sheets of ice | | | | snowtube and went off the trail, tragically causing |
| throughout the property. If the snow plow or | | | | her death. Is the resort responsible for her |
| property owner knew that putting all that snow | | | | untimely death? In all likelihood the answer is no. |
| at the top of the hill wasn't a good location, there | | | | She engaged in a dangerous activity, in a |
| are some cases where the owner or snow plow | | | | prohibited and restricted area. The snowtube is |
| operator will be held responsible for your injuries. | | | | uncontrollable- which is what makes it so much |
| If you fall and are injured during the winter | | | | fun. However, snowtubes are typically used in |
| months it is very important that you do three | | | | special areas or chutes designed to keep the |
| things: | | | | tubes in a runway style area, so that there is no |
| (1) Look around to see what you slipped on. Take | | | | way to run off a trail. |
| a mental note about the conditions where you fell | | | | Many people have tried to sue skating rinks and |
| and the surrounding conditions. | | | | ski resorts for injuries they suffered while |
| (2) When possible, get photographs of the | | | | engaging in these fun filled but dangerous activities. |
| condition as soon as possible after you fell. This | | | | Most have failed. On occasion there have been |
| will preserve evidence of what the area looked | | | | successes, but those are the exceptions. Where |
| like when you fell. Make sure you take at least an | | | | you actively choose to engage in a dangerous |
| entire roll of film, from all different angles. Don't | | | | activity and disregard the hazards and dangers |
| just take a picture of the ice. Look for a street | | | | associated with that activity (rock climbing, water |
| sign, a building, and an address that can also get in | | | | skiing, sky diving), you run the risk of injury and |
| the picture. This way you can positively identify | | | | the chance that you will not be able to bring a |
| the location where you fell, at a later date. If you | | | | successful lawsuit for your injuries. But remember, |
| use a digital camera do not ever make any | | | | every case is different. Let an experienced injury |
| changes or alterations to your photos when you | | | | attorney evaluate your own case. |
| provide them to your attorney. | | | | Be careful out there this winter, and have fun |
| (3) If you don't go to the hospital or a doctor | | | | while you can. |
| immediately, you should report your accident to | | | | |