Bitter cold and black ice were reported on Kansas City roads this past holiday season, with a mix of light rain and snow falling across the metro area on the 31st. As temperatures continue to drop, the National Weather Service is reporting that precipitation may turn into freezing drizzle and flurries.
This may pose a risk on untreated wet surfaces, such as bridges or other municipal structures, which could freeze overnight, and make road conditions slick. This news is coming on the heels of a month where Kansas City streets were an icy and snowy hassle, even with the assistance of city plow trucks.
With increased weather risks come increased chances for injury. If you are hurt amidst the ice and snow this season, the question of whether you can file a premises liability suit may be on your mind.
Determining Premises Liability
Establishing negligence in the presence of hazardous ice and snow depends largely on whether injuries resulted from man-made issues, and whether a property owner failed in their duties to keep others safe. For instance, ice in and of itself is not grounds for a premises liability suit, as it is a natural occurrence, and therefore, not the responsibility of one specific person. However, black ice forms when snow melts. So, if a snow bank melts on a given property, it can be argued that the property owner/manager failed to prevent black ice with the creation of the snow bank.
Ice and snow on sidewalks and roads are not innately a cause for a premises liability suit. However, if they remain on the roads and sidewalks for a long time, without the city fulfilling their obligation to clean them up, it may be possible to file a lawsuit against your local municipality. Furthermore, if you slip and fall on someone else’s personal property, or if an icicle hits you while walking in or out of said property, you may or may not have a premises liability case. While property owners in Missouri are not legally responsible for ice and snow maintenance, property owners who attempt to clear ice and snow and fail to complete the job, especially knowing others may enter the property, can be held liable.
Make sure to shovel or salt your walk thoroughly, if you’re going to do it at all, and consider hiring a premises liability lawyer if you are injured.
Call Bertram & Graf, L.L.C. Today
At Bertram & Graf, L.L.C., we know premises liability. From weather-related incidents to dog bites, if it happens outside your home, we may be able to help. We offer free case evaluations, so you don’t feel pressured to commit to anything until you’re ready. And, with our contingency fee policy, you won’t pay a cent until we win your case. With a compassionate but tenacious approach and years of experience, the knowledge our Kansas City personal injury attorneys bring to every case is invaluable. Call Bertram & Graf, L.L.C. today, and let us fight for you.
Dial (888) 398-2277 to learn more, fill out our contact form online.