Ohio Injury Due to Untreated Ice and Snow Slip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Untreated Ice and Snow Slip and Fall Injury throughout the State of Ohio.
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Ohio Untreated Ice and Snow Slip and Fall Attorney: We Fight the "Natural Accumulation" Rule
Slipping and falling on untreated ice or snow in an Ohio business's parking lot, sidewalk, or entryway can lead to severe injuries. While Ohio law provides significant protection to property owners in winter, this protection is not absolute.
Our experienced Personal Injury Attorneys understand the complexities of Ohio's premises liability laws regarding winter weather. We specialize in finding the exceptions to the "no-duty winter rule" to hold negligent business owners accountable for your injuries.
Ohio Law and the "No-Duty Winter Rule"
Ohio follows the "natural accumulation" rule, meaning property owners are generally not liable for injuries caused by the natural accumulation of ice and snow. The law assumes that Ohio residents should be aware of the inherent dangers of winter weather.
However, a business owner can be held liable for injuries caused by untreated ice and snow if the hazard meets one of the critical exceptions:
Unnatural Accumulation or Aggravated Condition
A business owner is liable if they are actively negligent in creating or permitting an unnatural accumulation of ice or snow. This happens when the owner's actions—or inaction—make the area substantially more dangerous than it would be naturally. Examples include:
- Defective Drainage: A leaky gutter or poor downspout directing water onto a high-traffic sidewalk where it freezes.
- Improper Plowing/Shoveling: Creating large piles of snow that melt and refreeze into a dangerous, unnatural ice patch in a walkway.
- Failure to Treat: Allowing ice or snow to remain on the surface for an unreasonable amount of time after the property owner had, or should have had, notice of the substantially more dangerous condition.
Hazard Obscured by Snow or Ice
Liability may exist if a natural accumulation of snow or ice covers a separate, hidden hazard (like a pothole, broken curb, or structural defect) that the injured person could not have reasonably anticipated.
Sole Means of Ingress/Egress
In limited circumstances, if the only single, reasonable path to enter or exit the business (ingress and egress) is obstructed by a hazardous accumulation of ice or snow, the owner may be held liable if they had actual knowledge of the hazard.
Building Your Case: Proving Negligence
o successfully overcome the "natural accumulation" defense in your Ohio slip and fall claim, we focus on evidence that proves the business's negligence created an unreasonable risk of harm:
- Maintenance Logs: We demand records showing when, or if, the parking lot or sidewalk was last treated with salt/ice melt or cleared.
- Weather and Surveillance Data: Comparing the time of the fall to weather records and surveillance footage to establish how long the hazard existed and if the business had sufficient time to remedy it.
- Property Defects: Investigating whether a poor design, broken gutter, or cracked pavement contributed to the formation of ice.
- Local Ordinances: Checking the local municipal code (City or Township) for specific snow and ice removal ordinances. Violating a local ordinance may be used to establish negligence per se.
Protecting Your Right to Compensation
A slip and fall on untreated ice or snow can cause debilitating injuries, including fractures, concussions, and permanent back injuries. We fight to secure compensation for all your losses under Ohio law, including:
- Medical Bills: Emergency care, surgical costs, and future physical therapy.
- Lost Income: Wages lost during recovery and any reduction in future earning capacity.
- Pain and Suffering: Compensation for the physical and emotional distress of the injury.
Time is Critical: Ohio has a statute of limitations that limits the time you have to file a personal injury lawsuit. Do not risk losing your right to compensation by delaying action.
If you or a loved one suffered a slip and fall injury due to untreated ice and snow on a business property in Ohio, contact us immediately for a free, confidential consultation.