Minnesota is known for its cold and snowy winters, and even the most careful person can end up sprawled out on the ground because they slipped and fell on a patch of ice. A quick slip can lead to the accumulation of medical bills and time missed from work, but it’s important to know that you may be able to seek compensation for your injuries if you fell on someone else’s property.
That being said, you’re not just going to get a check if you slip and fall in a business parking lot or on your neighbor’s sidewalk. There are certain factors involved that determine if you are eligible for compensation, and how much you can be awarded. We take a look at those factors in today’s blog.
Duty Of Care For Property Owners
If you own property in Minnesota, whether that’s in the form of a home, a business, or a rental agreement where you are responsible for your unit’s outdoor upkeep, you have what’s known as duty of care to ensure others aren’t exposed to danger on your property. If a property owner fails to uphold their duty of care obligation and someone slips and falls on their property, then the property owner may be liable.
There are three rules for establishing liability in cases where duty of care is in question. In liability cases involving an injury on another person’s property, the court will look for these factors:
- Did the property owner know of the danger or have reasonable suspicion that potential danger was possible?
- Did the property owner have time and the capability of preventing the dangerous conditions from developing?
- Did the property owner attempt to take care of the dangerous situation?
Let’s dive into these points a little further. For the first point, did the property owner know of the danger and or have an idea that a dangerous conditions could form? A property owner would be held liable if they let snow and ice accumulate on the sidewalk for three days without removing it. Similarly, if a Minnesota landlord goes on vacation in the winter, they need to make plans for snow removal in the event of a storm because reasonable circumstances suggest snow could occur in Minnesota during this time period. The fact that it was not snowing when they left does not recuse them from liability. On the flip side, if a hunter trespasses on a farmer’s land and falls in an unmarked sinkhole that the farmer did not know about, the farmer likely wouldn’t be liable for that injury.
The second point talks about reasonable time to take care of a problem. If freezing rain starts at 3:00 a.m. and you leave for work at 5:30 a.m. and slip on an ice patch, it’s going to be hard to argue that the property owner should be held liable due to the state’s natural accumulation law. This law states that unless the property presents unusual danger, a property owner has some leeway in how much time they have to clear snow and ice from a property.
Finally, the court will also look at the owner’s attempt to reduce or eliminate dangerous elements. For example, if you shoveled as best you could, and you put out a warning sign that said watch for icy patches, but someone still slipped on the walkway because they were on their phone, this will all be taken into consideration by the court, and it would impact any potential payout.
Receiving Compensation For Winter Slip and Fall Injuries In Minnesota
If you’ve been injured on a residential or commercial walkway due to snow, ice or other weather conditions, you should seek compensation for any medical bills or money lost in the form of missed work. The best way to do this is through an injury law firm like Hey Workers.
We’ve worked with numerous individuals who have been injured due to slippery conditions and property manager negligence, and we’d love to sit down with you and talk about your legal options. If this sounds like something you’d be interesting in pursuing, pick up the phone and call Hey Workers today at 844-439-9675 today.
