Factors That Most Often Lead to Premises Liability Claims in Winter Weather
Even though the Dallas-Fort Worth area doesn’t get much snow in the winter, with an average of about one day and two inches annually, slip and fall accidents outdoors tend to go up in the winter here. What are the common causes of winter slip and fall accidents in the DFW Metroplex? What are the responsibilities of residential and commercial property owners in Dallas when the weather turns cold?
The Common Causes of Winter Slip, Trip, and Fall Accidents in Dallas-Fort Worth
Texas winters can present circumstances that increase the risk of premises liability claims:
- Cold temperatures can easily cause rain to freeze or turn to hail or sleet, making footing treacherous.
- A buildup of ice on sidewalks, driveways, or parking lots can cause uneven surfaces that lead to falls.
- Pedestrians can track in ice and slush from sidewalks or parking lots, making interior floors wet, slippery, and dangerous.
- Shorter days mean more dark hours of potential poor visibility on the road, which can be exacerbated by inadequate lighting.
What Are the Duties of Property Owners During Winter Weather in the DFW Metroplex?
In the winter, as during the rest of the year, residential and commercial property owners in Texas have a duty to keep their property in a reasonably safe condition, so as to prevent injury to anyone legally visiting the property. The specific duties vary, depending on the status of the visitor. Generally speaking, individuals legally visiting property are categorized as either invitees or licensees.
- The duty to an invitee—An invitee is any person who is invited, either expressly or impliedly, to come onto property for the property owner’s business or for mutual benefit. Invitees include retail customers and guests at hotels and motels. The duty owed to an invitee is the highest of any, requiring that the property owner (or other party in control of the property) either remove all foreseeable hazards or provide reasonable warning of the presence of any specific danger. With respect to snow or ice, that means that the property owner must take reasonable steps to effectively address icy, snowy, or other outdoor conditions that are reasonably foreseeable. The property owner must actively inspect or monitor the property for accumulations of ice or snow or any other dangers associated with winter weather and must either warn of the dangers or eliminate them.
- The duty to a licensee—A licensee is a person who enters property for their own purpose but with the property owner’s permission. Social guests are generally considered to be licensees, as are repairmen, salespeople, and delivery persons. A property owner must warn licensees of any known dangers but is not required to monitor or inspect the premises.
Contact the Proven Slip and Fall Accident Lawyers at Bailey & Galyen
At Bailey & Galyen, we know the devastating impact a personal injury can have in your life. Over the last 40 years, we’ve aggressively advocated for people across Texas who have been hurt because of the negligence of others, including clients who suffered needless loss in winter slip and fall accidents.
In our decades of legal practice, we have recovered hundreds of millions of dollars in judgments and settlements for injured people throughout the Lone Star State and across the nation. We will be a strong voice for you throughout the legal process, from the initial filing of your complaint through the gathering of evidence, trial, if necessary, and the final resolution of your lawsuit. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
