Outdoor Slip and Fall Injuries: Risks and Liability

The Risks

Multiple things can make you slip and fall outdoors. Below are some of them.

Slippery Surfaces

Slippery surfaces are prime culprits of fall accidents both indoors and outdoors. Some of the things that trigger slipperiness include:

• Accumulated snow
• Accumulated ice
• Water from flooding, rainfall, or melting snow or ice
• Spilled liquids

For example, oil spills on a parking lot can make the surface slippery for other parking lot users.

Inadequate Lighting

Property owners must illuminate their outdoor spaces to prevent accidents. For example, outdoor stairs, pavements, and parking lots all need adequate lighting. Otherwise, you might not notice dangers, such as spills or crooked pavement, that you could have avoided with proper illumination.

Uneven Surfaces

Unexpected bumps or holes can also make you fall. Examples include:

• Cracks on the ground
• Missing tiles
• Potholes

For example, a partially paved sidewalk that ends abruptly can cause you to lose your footing and fall.

Defective Designs

Lastly, defective designs and installations can also be dangerous. Consider:

• Uneven outdoor stairs
• Outdoor stairs with missing handrails
• Abrupt vertical changes on sidewalks

Many of the dangers arise when builders don't adhere to existing building codes.

Liability

You must identify the correct liable party or parties to lodge a successful injury claim. Below are the top factors that determine liability for outdoor slip and fall injuries.

Ownership

The law expects property owners to keep their properties safe for the public. For example, a restaurant must ensure that its parking lot is safe for its customers. Thus, if you slip

and fall in a dark parking lot, you can hold the owner liable for your damages.

Occupier

The occupier, rather than the owner, of the building might bear liability for your damages. For example, if a restaurateur rents their space from a developer, the restaurateur might be liable for your injuries instead of the developer. The restaurateur's liability is even more likely if they, instead of the developer, are responsible for maintaining the outdoor space where you were injured.

Cause of the Defect

For injuries due to defective designs, the party responsible for the defect shoulders some of the blame. Consider a building contractor who cuts corners and doesn't install the necessary guardrails on stairs. The contractor may bear some liability or your damages if you fall from such stairs.

The Owner's Actions

Property owners are not always liable for dangers on their property, but exceptions exist. One such exception deals with naturally occurring dangers, such as snow and ice accumulation. In such cases, the law considers what is normal in an area when determining liability.

For example, you should expect snow or ice on the sidewalk if your area experiences snowfall every winter. Thus, a property owner might not be liable for your snow-related injuries as long as they don't interfere with the natural accumulation of snow.

Your Actions

Lastly, your actions leading up to the accident also matter. In most cases, the defendant will argue that your actions caused or contributed to the crash. For example, running on a slippery surface with a warning to the effect absolves the property owner of liability should you slip and fall.

Wegner & Associates has over three decades of experience in personal injury law. Contact us for a consultation on your slip and fall injury case. We will analyze your case, identify the liable party, and help you pursue adequate compensation.