Slip & Fall On Snow Or Ice - Can You Get Money For Your Injuries?

Law Of Success Napoleon Hill - Slip & Fall On Snow Or Ice - Can You Get Money For Your Injuries?

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Snow & Ice Injuries

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Winter time inevitably causes habitancy to slip on snow and ice. They don't wear the right shoes or boots, the driveway wasn't plowed and the street wasn't sanded. If you fall and injure yourself while slipping on snow or ice, can you be compensated (get money) for your injuries?

The short rejoinder is maybe. In any snow and ice case we look to see what the condition was like at the time you fell. If it was the middle of a blizzard and nobody had time to clear the parking lot in the middle of the night, it's not finding good to be able to prove that the owner of the asset should have taken steps to clear the lot of snow and ice. The key to proving liability in a snow and ice case is whether the owner of the asset knew of a hazardous condition and failed to timely act to definite it. This is called 'notice'. If the owner didn't know about a hazardous condition, how can he be held responsible for your injuries? He won't be. But, what if the icy condition existed for a few days or weeks? everyone who lived colse to all the time saw the ice and nobody ever salted or sanded the ice. In that situation we would argue that the owner of the asset knew, or should have known, that there was a hazardous and icy condition on his property.

What if man unquestionably tells the owner of the asset about an icy area of his lot and he doesn't do whatever to fix the problem? Well, as long as nobody gets hurt, he's avoided a lawsuit. However, if man does get injured at that location, after man has specifically notified him of a hazardous condition, and he fails to definite the danger, then in all probability he will be held responsible for failing to prevent injuries at that location.

Sometimes, the owner hires a snow dismissal enterprise (a snow plow) to plow the driveway, street, sidewalk or parking lot. In some cases, these snow plow companies don't do a good job and leave piles of snow in areas where they will melt, re-freeze, and then originate sheets of ice throughout the property. If the snow plow or asset owner knew that putting all that snow at the top of the hill wasn't a good location, there are some cases where the owner or snow plow operator will be held responsible for your injuries.

If you fall and are injured during the winter months it is very prominent that you do three things:

(1) Look colse to to see what you slipped on. Take a mental note about the conditions where you fell and the surrounding conditions.

(2) When possible, get photographs of the condition as soon as potential after you fell. This will sustain evidence of what the area looked like when you fell. Make sure you take at least an whole roll of film, from all distinct angles. Don't just take a photo of the ice. Look for a street sign, a building, and an address that can also get in the picture. This way you can unquestionably recognize the location where you fell, at a later date. If you use a digital camera do not ever make any changes or alterations to your photos when you provide them to your attorney.

(3) If you don't go to the hospital or a physician immediately, you should record your accident to the owner of the asset to put them on observation of your accident.

Injuries from slipping on ice or snow can be very serious and can consist of broken bones and the need for surgery. Take time to think whether this could have been prevented. Or was your fall easy carelessness that could have been prevented if you were paying concentration to where you were walking? The rejoinder is sometimes difficult to answer. That's why an experienced injury attorney can help guide you and propose you about your legal rights. The longer you wait to speak to an attorney, the greater chance you have of forgetting prominent facts that could help you in a potential case.

The best guidance is to be rigorous while outside and to make sure you're wearing the right winter gear. But even that doesn't all the time prevent an injury.

Ice skating injuries - They happen. It's a fact. Even to experienced skaters. You will all the time see big signs posted at every entrance to every skating rink in New York that ice skating is a hazardous sport. The warning will say that you "Skate at your own risk." That is the same as saying buyer beware!

We know that many sports are inherently dangerous, yet millions of habitancy aren't going to stop participating in hazardous sports just because of the certain dangers. Just the other day, Newsday reported on a tragedy involving a 15 year old girl who died while snowtubing at Killington Ski Resort in Vermont. Importantly, this girl and her immature friends were on a skiing slope that had already ended for the day. The incident happened at 7:00 p.m., and the key fact here is that the slopes ended at 4:00 p.m. There were signs posted all across the ski resort that slopes were off limits after 4:00 p.m. Because of snowmaking and snow grooming activities. Also, there was no snowtubing allowed on any ski slope.

What happened? The girl could not operate the snowtube and went off the trail, tragically causing her death. Is the resort responsible for her untimely death? In all likelihood the rejoinder is no. She engaged in a hazardous activity, in a prohibited and restricted area. The snowtube is uncontrollable- which is what makes it so much fun. However, snowtubes are typically used in special areas or chutes designed to keep the tubes in a runway style area, so that there is no way to run off a trail.

Many habitancy have tried to sue skating rinks and ski resorts for injuries they suffered while involving in these fun filled but hazardous activities. Most have failed. On chance there have been successes, but those are the exceptions. Where you actively pick to engage in a hazardous performance and disregard the hazards and dangers connected with that performance (rock climbing, water skiing, sky diving), you run the risk of injury and the chance that you will not be able to bring a flourishing lawsuit for your injuries. But remember, every case is different. Let an experienced injury attorney value your own case.

Be rigorous out there this winter, and have fun while you can.

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