Can you really sue a business if you slip and fall on ice in the parking lot?

Winter is a time when there are more falls due to slippery conditions. The slip and fall attorneys in Washington at Schauermann Thayer Injury Law have helped injured clients like you get the money they deserve in a slip and fall accident.

The business owner owes you a duty of care when you are on their premises. Not clearing ice is one way that they could violate that duty and become liable to you in a lawsuit. Still, the insurance company is going to try to make your life as difficult as possible.

Call Schauermann Thayer today to speak to a Washington slip and fall accident attorney about your case. We could provide you with vigorous legal representation to hold the property owner accountable for what happened.

If you have slipped and fallen in a parking lot, you may be able to hold the business legally responsible, even when ice caused your fall. There are challenges attached to any type of slip and fall case, and that is no different in a fall caused by ice. Hiring an experienced slip and fall accident attorney could put you in a better legal position when you pursue financial compensation for your injuries. 

The Business Owner Has a Legal Obligation to Clear Ice from Their Property

When a business holds its premises open to the public, it assumes a duty of care to you. The law considers you an invitee, which carries the highest possible duty of care. They must maintain their property in a reasonably safe condition and warn of any known dangerous conditions that are not open and obvious.

The parking lot is considered part of the business’s property and has the same legal status as the inside of a store or office. The business owner must properly maintain the parking, keeping it reasonably safe and free from dangers. They would have to fix any defects, such as broken pavement, and they would also need to provide security, as required by the conditions. 

Even though ice may be temporary, and possibly fleeting, the property owner would still need to take steps to clear it as soon as reasonably possible. Certainly, if the business owner knows that the parking lot is icy, and their business is still open, they must remove the ice.

To receive compensation in a slip and fall claim, you would need to prove that the owner was negligent. Here, because the owner did not create the dangerous conditions themselves, you would be able to win your case when you can prove that they failed to clear the ice within a reasonable amount of time after they knew about it or should have known about it.

The law does not allow a business owner to pretend that they did not know about a dangerous condition. After a certain amount of time, they would be deemed to have known about it, and they would have the obligation to fix it. 

Business Owners Cannot Easily Avoid Responsibility for Slippery Conditions

In Washington, business owners have claimed that ice is a part of the local conditions, and people assume the risk of a fall when they try to go about their daily business. However, an appellate court has also recently rejected that argument, holding that store owners could be liable for a dangerous condition that they should have anticipated. You can make the argument that the store owner should have been vigilant about slippery conditions, especially when the weather forecast may show the possibility of ice. 

The business owner may still be liable, even if the ice was obvious to patrons. Usually, the property owner may not be responsible for open and obvious conditions. However, some courts in the state have held that land owners are still liable for injuries caused by uncleared ice, even when the guests can clearly see the danger. 

Legal Challenges in a Slip and Fall Case

Slip and fall cases for ice still present legal challenges, including:

• The insurance company will not even entertain a settlement offer if you do not have compelling proof that the business was to blame for the accident.
• You should not be surprised if you were the one who was blamed for your own fall, with the insurance company claiming that you were not careful enough
• Even if you manage to persuade the insurance company of liability, they will try to consider less than your full injuries and damages
• The responsible party may try to shift blame and point the finger at someone else

In a slip and fall case, you are tasked with finding the proper defendant against whom you can file a lawsuit. In most cases, it would be the business whom you would sue. However, the business may not be the ones who were in control of the parking lot. They may have leased their premises from a property owner, who retains overall control of the property, and is legally responsible for clearing the ice. In that case, you would sue the property owner because they were the ones to blame for the accident. 

Call a Washington Slip and Fall Accident Lawyer Today

If you have been injured in a fall accident, you need a strong and tough slip and fall accident lawyer to fight the company. Call Schauermann Thayer today to learn what we can do to help you. We will learn the facts of your case and take legal action on your behalf. You can schedule a free initial consultation by calling us today at 360-818-2725.