Rain, Sleet, or Sue? How Weather Affects Personal Injury Claims
Weather conditions bring us joy, holiday memories, and cozy times by the fireplace. But they also play a role in personal injury claims, influencing both the occurrence of accidents and the determination of liability. Weather can make you wiggle and jiggle along a slippery sidewalk or cause a multi-car pileup on an icy highway.
Here is our injury law firm's advice on what to do if more than your pride is injured in an accident.
The Intersection of Weather & Personal Injury Claims
Adverse weather conditions often lead to hazardous situations, increasing the likelihood of accidents. However, the presence of inclement weather doesn't automatically absolve individuals or businesses from liability.
Courts typically assess whether the parties involved took reasonable precautions in response to the weather conditions. For instance, drivers are expected to adjust their speed during heavy rain or snow to maintain control of their vehicles. Failure to do so can be deemed negligent, even if the weather contributed.
Business Obligations
Businesses have a legal duty to maintain safe premises for their customers and employees, which includes mitigating hazards posed by typical weather conditions. This responsibility encompasses:
Regular Maintenance: Ensuring that walkways are free from hazards like ice or puddles. For example, promptly shoveling snow and applying salt to prevent ice formation are standard expectations.
Adequate Warnings: Posting clear signage to alert individuals of potential dangers, such as wet floors during a rainstorm.
Inspections: Conducting routine checks to identify and address weather-related risks, like leaks that could lead to slippery surfaces indoors.
Failure to implement these measures can result in the business being held liable for injuries sustained on their property. However, it's important to note that businesses are not expected to guarantee absolute safety under all conditions but are required to take reasonable steps to prevent foreseeable harm. Call us if you think reasonable steps have not been taken.
When Liability May Be Mitigated
Extreme weather events, such as hurricanes, tornadoes, or blizzards, are often considered "acts of God," which can limit or negate liability for injuries. The classification of weather as extreme typically depends on:
Severity and Rarity: Events that are uncommon and cause widespread disruption, like a once-in-a-century flood.
Official Warnings: Issuance of severe weather warnings by authorities can influence the determination of an event's extremity.
During such events, the expectation is that individuals will heed official advisories, and businesses may not be held responsible for failing to operate under unsafe conditions. However, if a business remains open during extreme weather and doesn't take appropriate safety measures, it could still be held liable for any resulting injuries.
Weather-Related Injuries
Different weather conditions are associated with specific types of injuries:
Rain: Wet surfaces can lead to slip-and-fall incidents in both indoor and outdoor settings. Additionally, reduced visibility and traction increase the risk of vehicular accidents.
Snow and Ice: These conditions are notorious for causing slips, trips, and falls. Icy roads also contribute to a higher incidence of motor vehicle collisions. According to the National Council on Compensation Insurance (NCCI), cold and wet days see a significant uptick in slip and fall injuries, as well as motor vehicle accidents.
Fog: Limited visibility due to fog can result in multi-vehicle pileups, especially on highways, as drivers may not have adequate time to react to sudden stops or obstacles.
Snowed under with a weather-related injury claim? Call Alex’s Law Firm today.
Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.
