Slip and fall incidents often lead to severe injuries, and they can occur in a variety of ways. Most people in this area understand that icy conditions sometimes create hazards. However, there are times when the careless or negligent actions of a property owner can lead to icy slip and falls. At Mayer & Rosenberg, P.C., our Kansas City slip and fall attorneys want to discuss whether or not a property owner (or government agency) can be held accountable in these cases.
Understanding the nature of these cases
In general, property owners have a duty to ensure the safety of those who have a right to be on their premises. This includes business establishments as well as private homeowners. Property owners have a duty to exercise reasonable care when maintaining areas where the public, particularly customers, are expected to be. This includes not only the buildings where the public may enter but also the property around the buildings where snow and ice can accumulate.
In many cases around Kansas City, property owners contract with snow removal companies that specialize in the removal of snow and ice from parking lots and sidewalks. If it can be proven the property owner failed to keep guests safe from foreseeable slip and fall incidents, they may be held liable for any injuries that occur. An injured victim in these cases must initiate a personal injury lawsuit against the property owner within five years from the date the injury occurred.
What about a government agency?
In many cases, these incidents happen on a roadway or sidewalk not controlled by a property owner or business establishment. Government authorities are generally responsible for maintaining these areas when the conditions are icy outside. The same laws apply in these instances. If the government is found to be negligent and an accident occurs, the government agency may be held liable. However, in these cases, the statute of limitations is different. Any case against a government agency must begin by filing a claim with the Office of Administration’s Risk Management Division within a 90-day window from the injury occurring.
Yes, it is possible to file a lawsuit against a negligent property owner or government agency if you fall on an icy roadway. These cases will almost certainly require assistance from a skilled attorney who can prove all elements of negligence.
Our firm is ready to help
If you or somebody you care about has been injured in a slip and fall on an icy roadway, you may need to seek legal assistance. Establishing liability in these cases can be difficult, but that does not mean you are not entitled to compensation. At Mayer & Rosenberg, P.C., we are going to work diligently to secure the following on your behalf:
- Coverage of your medical bills
- Lost income if you cannot work
- General household expenses
- Possible physical therapy expenses
- Pain and suffering damages