Slip and Fall Claim In The Snow

          With the recent series of snow storms that have plagued the state this winter, there is a corresponding increase in the number of people who are injured in falls on icy pavement or wet floors.  The question many of these people ask is whether they can bring a claim to recover for the injury sustained in these accidents.        The answer to this question is yes, but slip and fall cases can be difficult for plaintiffs to prevail. 

          As a starting point, every land owner in New Hampshire has a duty to use reasonable care in maintaining their property.  There is no precise definition for reasonable care, and the best explanation our law has come up with is to say reasonable care is what a person of ordinary prudence would do under similar circumstances. 

          Another important area to consider is the fact that a commercial land owner, i.e. one that holds their property open to the public, like a shopping center, cannot argue that they satisfied their duty of care by hiring a maintenance company to take care of their property.  At best, the commercial landowner, if sued for a slip and fall case, can then bring an action against the maintenance company, if the maintenance company did not adequately care for the property. 

          In order to successfully bring a slip and fall case, the plaintiff and their attorney must do some considerable pre-suit investigations to determine if the claim is viable.  This could include obtaining weather reports to determine when the snow and ice started in relationship to the time of the accident.  Obviously, the longer the snow was allowed to accumulate, the more likely the jury could believe that the defendant had an opportunity to clear the snow and ice.  Further, photographs of the accident scene should be taken to determine where the incident occurred.  If the incident occurred in an area where pedestrians were expected to use, the land owner could arguably have a greater obligation to insure the area was cleared.

           Finally, the plaintiff’s attorney should investigate how the snow and ice accumulated.  In some jurisdictions, a distinction is made between naturally accumulating snow and ice versus artificially accumulating snow and ice.  For example, if a landscape feature creates a pool of melted snow which refreezes, a jury could find that the hazard was created artificially and the land owner has a greater duty to ensure that the artificially created snow and ice is removed. 

          In short, slip and fall cases against property owners require extensive investigation by counsel to determine if the land owner or some other party is liable for the accident and whether a jury could, in light of all the facts surrounding the accident, be inclined to impose that liability upon the land owner. 

Andrew J. Piela is a Director at Hamblett & Kerrigan, P.A. Mr. Piela concentrates his practice in civil litigation, family law, probate and land use litigation. You can reach Attorney Piela by e-mail at apiela@nashualaw.com.

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