Minnesota Winter Slip and Fall Injury Claims
In Minnesota, a slip and fall injury due to poor or improper maintenance is a common premise liability claim. Often landlords don’t do their due diligence keeping their property safe for their visitors and tenancy. When slip and fall injuries happen due to a lack of upkeep or maintenance, they can be held liable for those injuries.
What Causes Slip and Fall Injuries in the Winter?
Minnesota has a variety of winter conditions, such as ice, snow, and slush. There is no shortage of winter weather. Often, people slip in parking lots, common areas, and apartment complexes due to improper maintenance. Snow and water can be dragged into retail stores, as well, and, if left unattended, can cause serious injuries, such as traumatic brain injuries (TBIs) and broken bones. In both of these cases, there are procedures that need to be followed to ensure the safety of those who come onto the property.
Common Minnesota Slip and Fall Injuries:
Traumatic Brain Injuries
Slip and falls that occur in such a way that the head impacts the ground or nearby objects with significant force can lead to a traumatic brain injury and, in some cases, a fractured skull. Such injuries can leave one with physical, cognitive, and emotional impairment for a lifetime. If a person sustains a brain injury, it is essential to get medical treatment right away. If left ignored or untreated, brain injuries can get worse over time.
Broken or Fractured Bones
Fractured or broken bones are another common injury due to a slip and fall accident, especially in snow or during icy conditions.
Slip and Fall Back Injuries
When someone falls, it is common for them to land hard on their back. Sometimes, intense impact to the back can result in a spinal cord injury, soft tissue damage, herniated disks, or spine dislocation. These injuries can be debilitating, as they can cause other permanent health issues such as nerve problems, numbness, and even cause paralysis.
Who is Liable for My Slip and Fall Injury?
This is going to depend on where you fall and at what type of business you fell. If you are inside of a store or restaurant when you fall, the owner of the business is going to be responsible for your injuries. It becomes more complicated if the business is part of a larger complex, like a strip mall. The business may be responsible for injuries that happen within their doors, but if you are in a common area that is used by a number of different businesses, then the property owner is going to be responsible. This would also be true for apartment complexes.
Property owners or landlords can protect themselves by entering into a contract with a maintenance company, so you may reach out to the landlord and be redirected to another company. This is often the case when you slip and fall on ice that is left on the sidewalk or parking lot. The landlord technically owns the property, but if they hire a company to come to clean up after every snowfall, then the snow removal company is going to be responsible.
Common Slip and Fall Defenses
Minnesota juries are not sympathetic to their fellow Minnesotans when it comes to slipping and falling on the snow and ice in winter in Minnesota. Because snow and ice is part of our life, there is an expectation that if you live here then you know how to get around in the winter.
These assumptions become the same basis for many insurance companies’ defenses. If it is actively snowing or just finished snowing, the insurance companies will deny the claim, because the responsible party needs to be given a reasonable amount of time to clean up after it snows. Typically, this is seen as 24 hours from the end of the snow event.
You’ll also be asked what shoes you were wearing. There is an expectation that a reasonable person is going to wear snow boots or rubber-soled sneakers outside in the winter. If you are wearing high heels or dress shoes with no traction, you will be blamed for the fall.
Next, you will be asked how often you have been to the place you fell. If you have never been to the store before or if it is the first time you are visiting a friend, you will be given more leeway than if it is the main sidewalk you take into your apartment building every day.
Insurance companies will give you less leeway, even if it just the second time you’ve crossed over the same area. So, if you walked into a building just fine but slip on the ice on your way out of the building, they will deny your claim.
The main defense that insurance companies raise is that the patch of ice on which you just slipped was open and obvious, meaning that you are expected to be looking at the ground in front of you for ice. If you didn’t see it and there wasn’t anything blocking your view, then you are responsible for the fall.
What Are the Most Important Things to Know When Discussing Your Claim with the Insurance Company?
Be prepared for the type of defenses that you expect the insurance company to bring. Take a picture of the location, so you can show them how poorly maintained the area was. This will help you prove what caused you to fall. If you tell an insurance company that you are not sure what caused you to fall, they will deny the claim.
Take pictures of the tops and bottoms of your shoes to show what kind of tread you had on them. Most importantly, if you’ve slipped on ice and snow think about why you took that particular path. If it was the safest option you had and other paths would have been more dangerous, that is important to know.
If a patch of snow or ice is open and obvious but there is no way to get where you are going without crossing over that area, then make sure you tell them how careful you were being and that the hazard was unavoidable.
Contact Us
Slip and fall claims are very fact-specific, so it is best to get an attorney quickly. This way, they can examine the site where you fell as quickly as possible. If you have been hurt in an accident involving a slip and fall, call or text one of our experienced slip and fall lawyers at 612-INJURED at (612) 465-8733 for a free consultation.
