In northern climates like Connecticut, pedestrians have a greater chance of slipping and falling when snow and ice cover sidewalks, driveways, parking lots and other foot-trafficked areas. Property owners have a legal duty to keep such surfaces within or adjacent to their boundaries free of ice and snow, but the state courts have made an exception. Owners do not have to clear ice and snow as it accumulates. They are allowed a reasonable time after the storm ends to do so. However, this “ongoing storm” doctrine does not apply if the icy or snowy condition preexisted the storm.
Property owners facing lawsuits over wintertime slip and fall accidents often raise the ongoing storm doctrine in a motion for summary judgment. To defeat such a motion, the plaintiff must prove a genuine issue of fact exists as to whether the accident resulted from an accumulation that existed before the storm began and whether the property owner should have been aware of it. If those issues persist, the case is eligible for a jury trial.
The courts apply a two-part test in deciding such motions:
The defendant bears the initial burden of showing that it did not create the snowy/icy condition nor had notice of it. This burden can be met by presenting evidence that there was an ongoing storm when the plaintiff slipped and fell, which can include weather reports.
The burden then shifts to the plaintiff to show the fall was caused by an accumulation of snow or ice that existed prior to the storm. The plaintiff’s own testimony and that of other witnesses is admissible to show this condition existed. The conditions must have been open and obvious enough that a reasonable property owner should have had knowledge of it.
Note that the ongoing storm doctrine cannot be raised as a defense to other alleged causes for the slip and fall, such as cracks or other imperfections in the surface where the accident occurred.
A property owner’s responsibility to keep sidewalks and other pedestrian areas free of dangerous ice and snow is a nondelegable duty. That means the owner cannot avoid liability because a snow removal contractor it hired failed to clear the surfaces as required by law. However, an owner who is held liable may be able to assert a contribution claim against the contractor. Often, both are defendants in the lawsuit brought by the injured party.
If you or a family member are injured in a wintertime slip and fall accident, you need a lawyer with experience in pedestrian injury cases who can help you meet the legal requirements for recovering fair and adequate compensation.
At Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven, we represent slip and fall victims throughout Connecticut. Call 203-745-0942 or contact us online to arrange a free consultation.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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