Protecting Your Legal Rights When You Are Hurt in Icy Winter Conditions
Though Texas is not in the snow belt, there are many parts of the state that see sub-freezing temperatures every winter, sometimes for days at a time. Because these types of conditions are not frequent in the Lone Star State, there can be less familiarity with how to deal with ice and snow, and, accordingly, a greater risk of slip and fall injuries.
How Does Texas Law Apply to Slips and Falls in Winter Weather?
In many northern states, where snow and ice are more common, there are state laws mandating the removal of snow or ice. In Texas, those types of laws are typically local ordinances. For example, Dallas gives property owners, tenants or occupants three hours to remove all snow and ice that accumulates before 4 pm.
In the absence of a specific ordinance or law, the responsibility of property owners in Texas generally falls under the Texas premises liability laws, most of which have been handed down in court opinions and rulings (referred to as the “common law”). Slip and fall, or premises liability, claims are typically based on a legal theory of negligence, requiring that the injured party show that the wrongdoer (the defendant):
- Failed to act as a reasonable person would under the circumstances
- Causing an accident
- Which resulted in actual loss or harm
The premises liability laws in Texas do not impose absolute liability in the event of a slip and fall or other type of injury. Instead, when attempting to determine if a property owner had responsibility, the jury will first identify what a “reasonable” person would have done under the circumstances. The conduct of the defendant will then be compared to that standard. If the defendant’s actions did not rise to the level of conduct that a reasonable person would, the defendant may be held liable.
How does that specifically apply in winter weather conditions in Texas? If you bring a lawsuit based on a slip and fall on icy or snow steps, sidewalks, driveways or other thoroughfares, the jury will first ask what a reasonable person would have done under the circumstances:
- Would a reasonable person have gone out with a snow shovel or other tool to remove the accumulation of snow? Was there a reasonable amount of time to do that? Was the property owner reasonably aware of the conditions? Should the property owner reasonably have been aware of the dangers posed?
- Would a reasonable person have put salt or sand down to improve footing and prevent slips and falls?
- Would a reasonable person have limited access to the place where snow or ice had accumulated?
- Were there any other reasonable measures the defendant could have taken to minimize the risk of injury?
Let the Experienced Attorneys at Bailey & Galyen Help after a Personal Injury
At the law offices of Bailey & Galyen, we bring more than four decades of proven experience to people across the Lone Star State who have been hurt in any type of accident. We know that the civil justice system can be confusing and intimidating and will take the time to carefully explain the process at every juncture. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
