TL;DR: Slip-and-fall claims spike during winter because slippery surfaces sharply raise injury risks. Crowded malls and wet indoor floors can also cause accidents. Property owners may face liability for injuries resulting from their failure to address hazards. In such cases, injured victims may seek compensation under California law.
Table of Contents
Slip-and-fall claims spike during winter because low temperatures increase the risk of these accidents occurring. During this cozy season, many states experience rainy, snowy, and icy conditions. The resulting weather can create slick surfaces. Moisture also makes indoor floors more slippery.
Furthermore, the season coincides with major holidays. From Christmas to Valentine’s Day, crowded malls and mishandled holiday decorations can increase the risk of slip-and-fall accidents.
These risks can result in serious injuries that could significantly impact victims’ lives. They may turn to insurers to cover their medical bills and other losses. They might even consider suing the at-fault party if negligence was involved.
Under the California Civil Code, you may pursue compensation if a property owner’s carelessness caused your accident and injuries. That’s why it’s crucial to understand your legal rights and available options for seeking compensation.
Consider scheduling a free case review with Arash Law. Our experienced slip-and-fall lawyers can study your accident, outline your possible next steps, and help you file a claim. Call (888) 488-1391 to book a free initial consultation.
Why There Are More Slip-And-Fall Claims In The Winter
Slip-and-fall accidents spike during the winter months due to low temperatures. Rain, snow, and ice can reduce traction and hide hazards like potholes. Additional factors, including poor lighting and wet floors, further increase the likelihood of slips and falls.
Beyond weather conditions, human negligence can also play a role. Property owners are responsible for maintaining a reasonably safe environment for others. When they fail to address winter-related hazards, victims may file injury claims to seek financial compensation.
Weather Conditions
Severe winter weather can cause hazardous walking conditions. Some places at risk include:
- Parking lots
- Sidewalks
- Shopping malls
- Apartment complexes
- Office buildings
Here are some ways the weather can increase the likelihood of slips and falls in these areas.
Ice, Snow, And Slippery Surfaces
During busy winter holidays, many people come and go from homes, shops, and restaurants. Unfortunately, streets and indoor floors slick from rain, snow, and ice can increase the risk of slipping and falling. These accidents may appear minor at first. However, they can cause serious injuries, such as broken bones, concussions, hip fractures, or loss of movement.
Other Weather Considerations
Additional hazards caused by low temperatures include:
- Poor Drainage — Water can freeze over uncleared leaves and twigs in gutters, creating ice dams that block them completely. That can cause water to overflow down onto walkways and freeze there, creating slip hazards.
- Black Ice — Black ice is a practically undetectable layer of ice. This dangerous condition forms when moisture from rain or fog freezes on surfaces, such as sidewalks, driveways, or roadways. Slipping and falling on black ice can result in sprains, fractures, or concussions.
- Melting or Refreezing Cycles — These cycles occur when a snowpack melts during the day and then refreezes at night. The melted snow may flow onto walkways. If left untreated, this ice poses a risk to morning walkers and vehicles passing through the area.
The Obligation Of Property Owners
California law requires property owners to exercise reasonable care to maintain a safe environment for others. “Reasonable care” refers to the owner’s actions to identify and fix any unsafe conditions.
Taking safety measures can help reduce the chance of slip-and-fall accidents in severe winter weather. Property owners may thus be liable if they don’t:
- Remove Snow & Ice — Property owners may be liable for your injuries if they fail to treat walkways. This neglect includes ignoring hazards like untreated black ice in parking lots.
- Address Insufficient Lighting — Poor lighting in parking lots, stairwells, and hallways can hide dangers during the winter’s longer nights.
- Add Warning Signs & Hazard Markers — Property owners have a responsibility to warn people of known hazards. Failing to do so can be a sign of carelessness and may lead to people slipping and falling.
Holiday Crowds, Decorations, And Indoor Hazards
Major holidays, such as Christmas, New Year’s Day, and Valentine’s Day, can exacerbate the risk of slips and falls during the winter. Some people do last-minute shopping, walking faster and less carefully. Others decorate in a hurry, leaving cluttered floors that can cause trips and falls.
Increased Foot Traffic
In crowded areas, slips and falls are among the common causes of injury, particularly during major winter holidays. These places include:
- Grocery stores
- Shopping centers
- Dining establishments
- Parking garages
- Apartment buildings
- Neighboring homes
- Public transport stations
In these busy areas, cluttered, wet, and uneven floors can raise the risk of accidents. Spilled beverages, rain, or snow carried inside can also make the floors slippery.
Cluttered Holiday Decorations
Some people use rugs, mats, and seasonal decorations during the winter holidays. However, these can cause tripping hazards in walkways, especially when not properly secured.
Dim lighting may also contribute to slips and falls. Decorative lights can enhance ambiance. However, they may not provide enough illumination for safe movement. For example, they could make it harder to spot obstacles in critical areas, such as staircases and entryways.
The Obligation Of Commercial Properties
Shopping malls, restaurants, and other commercial spaces have a “duty of care” to maintain a reasonably safe environment for visitors. That includes taking proactive steps to prevent slips and falls during winter weather. Here are some examples:
- Prompt Snow & Ice Removal — Malls must promptly clear all entrances, walkways, sidewalks, and parking lots of snow and ice.
- Applying De-Icing Materials — To improve traction and prevent refreezing, businesses must use salt, sand, or other ice-melt products on icy surfaces.
- Proper Snow Piling — To avoid black ice, snow should be piled in designated areas where water can drain away from pedestrian walkways and traffic areas.
- Providing Adequate Lighting — Businesses must keep exterior areas, particularly entrances and parking lots, well-lit to make icy patches visible.
- Regular Inspections & Maintenance — Property owners or managers should check parking lots, stairs, and walkways for hazards, such as potholes or cracks that can collect water and freeze.
- Manage Visitor Volume — Overcrowding can make slip hazards harder to spot and avoid. Businesses responsible for crowd control within their premises may be held liable for any resulting accidents and injuries.
Other Factors That Affect Winter Slip And Fall Claims
Winter weather isn’t the only reason why slip-and-fall claims spike during this season. Certain other factors could further raise the risk of these accidents, as well as the medical and financial challenges they cause.
Injury Complications During Winter
The increased likelihood of winter-related accidents may also lead to a rise in serious injuries and other problems. Some of these issues are as follows:
- Increased Risk of Hip Fractures & Head Injuries — In winter, parking lots can have slush-filled potholes. Walking trails may also become covered in snow, and walkways can get slippery. These conditions can increase the chance of slip-and-fall accidents. Victims could sustain fractures, broken bones, concussions, or spinal cord injuries. These can cause significant long-term health complications.
- Heightened Risk for Older Adults and Other Vulnerable Groups — In 2018, there were around 3 million fall-related emergency department visits among older adults. Compared to younger people, older adults are more likely to sustain a serious injury from a slip and fall. Seniors are also more prone to fractures. If they become bedridden while recovering, it can also cause other health issues, such as a loss of muscle strength and stamina.
Other groups at risk include:
- Pregnant Women — Increased amounts of the hormone relaxin, which relaxes ligaments and joints, put them at risk for injury. Slips and falls during pregnancy can hurt the fetus or damage the uterus.
- People With Impairments or Mobility Problems — Slick surfaces can make it hard to use aids like crutches, canes, or walkers. Snow and fog can also make it difficult for people with poor eyesight to see hazards.
- Outdoor Workers — Slips and falls are among the most common work-related accidents caused by rain and other weather conditions. Rain, snow, and ice can make surfaces slick, putting construction and road workers at risk. The injuries they sustain could result in lost wages and even reduce their future earning potential.
- Delays in Medical Care Due to Holiday Schedules — Healthcare workers often take time off to spend with their families, especially during the winter holidays. This decrease in personnel can lead to delays in medical care. Hospital wait times also increase when more people arrive.
People Are Distracted, Rushed, And Under Seasonal Stress
During a holiday rush at the store, you are likely to encounter people with a range of emotions and behaviors. In particular, individuals who are distracted, rushed, or stressed may be more prone to taking risky actions. These can lead to accidents, such as slip-and-fall incidents.
Malls and retail stores are frequent locations for slips, trips, and falls, especially during major winter holidays. Risks like slippery parking lots and cracked walkways can lead to accidents. Moist or waxed floors inside the mall can cause someone to slip and fall. Even clothing, toys, loose electrical wires, and trash can fall to the ground, causing someone to trip and get hurt.
Frequently Asked Questions About Winter Slips And Falls
It can be overwhelming to slip and fall due to winter conditions. It can ruin any plans you made for the season and leave you confused over what to do next.
You may be seeking ways to pursue compensation or need clarification on how insurance claims work. Below are answers to some of the most common questions victims ask about slip-and-fall accident claims. If you have more specific concerns, feel free to reach out to our slip-and-fall accident lawyers.
Why Do Slip-And-Fall Claims Spike During Winter?
Winter weather conditions can contribute to the increase in slip-and-fall accidents. When negligence is involved, victims may seek compensation through an injury claim.
Some factors that cause slip-and-fall claims to spike during winter include:
- Insufficient snow and ice removal.
- Inadequate or poor lighting.
- Unaddressed hazards like wet floors from snow.
Can I Sue Someone If I Slipped And Fell On Their Property?
Yes, you may be able to sue someone if you slipped and fell on their property. Property owners in California are required to maintain a safe environment for their visitors. During winter, this typically involves conducting regular inspections to identify and rectify hazards, such as ice puddles. Property owners may face liability when their failure to take such reasonable precautions contributes to visitor injuries.
Suppose you slip and fall on an icy walkway. Afterward, an investigation reveals that the property owner did not treat the pavement to prevent it from becoming slick. In this case, their inaction could be considered a form of negligence. As such, you may have grounds to file a personal injury claim. You can consult a California premises liability lawyer to learn whether you have a case.
What Should You Not Say When Making An Insurance Claim?
There are certain things you’ll want to avoid saying when making an insurance claim. Generally, insurers will compare any recorded statements you make to the facts of your case. If they contradict each other, disputes may arise. That said, consider not saying key phrases, such as “I’m sorry” or “it was partly my fault.”
Ultimately, it’s advisable not to make any statements or sign papers before talking to a lawyer. You might be asking yourself, “Do I need a personal injury lawyer for my claim?” It’s not required in all cases. However, an attorney can help you avoid common pitfalls, such as admitting fault for the accident and weakening the value of your claim. A lawyer can also communicate with insurers on your behalf.
When Should I Not Accept A Settlement Offer?
There are specific scenarios where it may be ideal to refuse a settlement offer. For instance, some offers might not fully cover the estimated value of your slip-and-fall injuries and losses. You do not need to accept a settlement until you have considered all important aspects of your claim, such as:
- Your current and future medical needs.
- Lost wages and future earning potential.
- Your pain and suffering.
- Insurance coverage limits.
- Comparative negligence laws in your state.
Are you uncertain of the value of these factors or which ones apply to your case? Work with a lawyer offering free case reviews. This way, you can have an idea of the appropriate settlement amount you can pursue.
What Is The Deadline To File A Slip-And-Fall Claim In California?
Under California’s statute of limitations, the deadline to file a case is typically two years. This range is your window to file a personal injury claim after a slip-and-fall accident.
Some exceptions, such as the victim being a minor or the accused being out of state, may extend the deadline. Others might shorten it. For example, suppose you slipped and fell on an icy public sidewalk. You would have six months to file an administrative claim against the government agency responsible for maintaining it.
To protect your right to pursue compensation, you must file your case on time. You can also consult a slip and fall lawyer if you are unsure of the deadlines that apply to your claim.
What Percentage Do Lawyers Take In Slip-And-Fall Cases?
Many lawyers follow a contingency fee system for personal injury cases. Through this system, they take their attorney’s fees from a previously agreed-upon percentage of a settlement or verdict. Essentially, you don’t have to pay them up front.
So, do lawyers only get paid if they win a case? The answer is yes under this payment structure. If they can’t obtain compensation for their clients, they don’t charge attorney’s fees.
However, the percentage lawyers take if they’re successful will vary depending on the circumstances of your slip-and-fall case. For instance, claims that go to court generally cost more than those that settle. Thus, they typically don’t charge a fixed percentage. Before you hire a lawyer, be sure to discuss any applicable fees and costs.
Contact A Slip-And-Fall Lawyer For Your Winter Injury Claim
Slips and falls can cause serious injuries that can affect your winter plans. If you or your loved one was involved in such an incident, you may be seeking free accident lawyer advice.
Arash Law offers a free initial consultation to help you decide how to pursue compensation for your losses. We can also connect you to a healthcare professional who can assess or treat your injury, such as a doctor or chiropractor.
The AK Law Firm can guide you through the complex legal process. Aside from slip-and-fall lawyers, we have teams of car accident lawyers and attorneys who handle truck accidents, hit-and-run incidents, and rideshare accidents. For personalized assistance, call us at (888) 488-1391 or complete our “Do I Have A Case?” form.
