As cozy and magical as Oregon’s winters might be, they can also be quite dangerous. During this cold season, slip-and-fall accidents on ice are common (around 1 mln people fall on ice yearly), leading to injuries and deaths. Not only do these accidents lead to physical and emotional harm, but they also result in legal troubles that can be hard to resolve.
Common Causes of Slip and Fall on Ice
Some of the most common causes of slips and falls on ice include poor snow and ice removal practices, black ice and untreated surfaces, and negligence in maintaining sidewalks and walkways.
Poor snow and ice removal practices
For some pactors, some property owners don’t need to clear snow and remove ice. Also, while many property owners try to organize this process, the technique and effort might still be ineffective, leaving parking lots, walkways, and other areas partially or completely covered in ice. Whatever the reason behind the poor snow and ice removal practices, such practices may lead to hazardous conditions and endanger lives.
Black ice and untreated surfaces
Black ice is particularly dangerous because it is hard to see. As a result, children, the elderly, and people with disabilities and vision problems might not notice and consequently fall on the black ice and untreated surfaces, suffering serious ice-related injuries.
Negligence in maintaining sidewalks and walkways
Slip-and-fall accidents on ice might be caused by reasons that are not directly related to the ice. For example, not repairing the stairs, sidewalks, and other surfaces in time can result in ice and snow accumulation, consequently resulting in slip-and-fall cases. In other words, repairs that could have been done during the other seasons but have not been completed can have even more serious consequences during the winter months.
Who Can Be Held Liable in Oregon for Slip and Fall Accidents?
In Oregon, the scope of liability for slip-and-fall cases encompasses property owners, tenants, municipalities, and third-party contractors.
Property Owners
Property owners are required by law to ensure safe conditions for their employees and visitors. Therefore, they should take effective measures to remove snow and ice before someone suffers a slip and fall-on-ice injury. Property owners should also warn visitors of slippery surfaces and immediately fix the situation.
Tenants
If an accident occurs in a rented property, the tenant might be liable for the accident suffered in their territory due to improperly managed conditions. Whether or not the tenant will be held responsible also depends on the specifics of their lease agreement.
Municipalities
If winter slip-and-fall accidents occur on public property due to the error of local governments, municipalities or other local governmental bodies may be held liable. Such places may include public parks, sidewalks, and other outdoor spaces that are considered public property.
Third-Party Contractors
If the handling of snow and ice removal has been assigned to a third-party contractor, the contractor may be held responsible for any damages due to their negligence and breach of duty.
Key Factors in Determining Liability
The factors that influence liability in Oregon include the duty of care in icy conditions, awareness of the hazards, and the implications of the comparative negligence system.
Duty of Care in Icy Conditions
Slipping and falling on ice is not only painful but also dangerous. Every property owner has a legal duty to take preventive measures to ensure the safety of their visitors. The only exception is when the property owner has legally assigned the handling of ice and snow removal to a third-party contractor.
Knowledge of the Hazard
Being aware of the hazard (i.e. in this case, the icy condition) and still failing to take proactive measures to mitigate the hazard increases the extent of liability for the responsible party. This is also referred to as “actual or constructive notice” and denotes whether or not an owner knew about the hazard on their property before the slip and fall accident on ice.
Comparative Negligence in Oregon
Oregon is one of the states that follows the comparative negligence system. According to this system, if the victim is more than 50% at fault for the accident, they are not entitled to recover damages. This ensures that the property owners are not held responsible for the injured person’s inattentiveness when slipping and falling on ice.
Compensation for Slip and Fall on Ice Cases
If you are the victim of a slip and fall on ice case, you’re entitled to receive compensation for:
- Pain and suffering damages
- Lost income
- Medical bills
- Rehabilitation expenses
- Permanent or long-term disability
Contact our skilled personal injury attorneys to ensure you receive maximum compensation for the sustained damages due to winter weather accidents!
Preventive Measures for Property Owners
If you are a property owner, you can take the following steps to avoid liability in slip and fall accidents as well as minimize the risk of injury for your visitors:
- Ensure to follow the snow and ice safety laws to avoid frost-related slip incidents.
- Always monitor your spaces for any hazardous conditions, such as snow and ice.
- Conduct regular snow and ice removal procedures (this will reduce the risk of black ice).
- Fix any damaged or broken equipment; repair gutters and drainage systems to avoid ice accumulations.
- Apply salt or sand to icy surfaces regularly.
- Ensure your area is properly lit to avoid visibility-related accidents on ice.
- Put warning signs in hazardous areas to ensure your visitors are well-informed of the danger.
Remember, slip and fall accidents on ice are just one of many types of personal injury cases that result from negligence, so exercising caution and taking proactive measures might help you avoid numerous other, non-icy accidents as well.
Seeking Legal Assistance
If you are the victim of a slip and fall accident on ice, you should consult experienced Portland personal injury attorneys to navigate your case quickly and effectively. The attorneys can help you determine liability, estimate the cost of compensation for winter falls, present your case in the courtroom, and many other ways. A professional attorney can also help you understand key legal terms such as ordinary negligence, which are very important when navigating slip and fall cases.
