When winter weather is mentioned, people often envision a blanket of white snow. However some of the most dangerous seasonal conditions are much more difficult to see. Freezing rain that collects on sidewalks and other outdoor pathways is more likely to cause a serious slip and fall accident than crunchy white powder.
An invisible layer of ice can turn any outdoor surface into a liability. Sidewalks and parking lots might become hazardous in a matter of minutes. Taking action after the ice forms is often too late. Premises liability law requires businesses to use reasonable measures in order to keep areas safe when hazards are foreseeable. If you or someone in your family was hurt in a slip and fall caused in part by freezing rain or other forms of winter weather, determining legal liability might hinge on whether one or more of these precautions were taken:
- Advance preparation — Proper mitigation of hazards linked to frozen walkways begins before the precipitation starts. Individuals responsible for safety should turn to detailed, hour-by-hour weather forecasts that flag the onset of freezing rain. The time window between the forecast and the onset of precipitation is critical.
- Brine or other ice prevention solutions — Liquids are often more effective than solids when it comes to preventing icy hazards. One of the most common responses to ice formation is rock salt. However, it only works once ice develops. On the other hand, brines and magnesium chloride solutions can be applied in advance, creating a protective film once they dry. Consequently, frozen rain cannot grip the sprayed pavement as firmly, which makes removal faster and safer.
- Proper drainage — A small amount of water that gathers due to a blocked drain or some other reason is easy to overlook. While a minor puddle might seem harmless, once the weather drops below freezing, those areas could develop into hard-to-see ice slicks.
- Continual monitoring — Even short bursts of rain can wash away anti-ice treatments, so responsible parties have to remain vigilant for as long as winter precipitation lasts, reapplying when necessary. If certain dangers cannot be immediately alleviated, cones or tape should be used to steer pedestrians away from unsafe areas.
Seigel Law in Ridgewood has collected more than $500 million New Jersey clients in a full range of personal injury and wrongful death cases, including claims related to falls on slippery surfaces. Please call 201-444-4000 or contact us online to set up a free consultation if you or a loved one has been hurt due to someone else’s carelessness.