- August 24, 2020
- Posted by: Delphin Law
- Category: Uncategorized
The Impact of Wet Weather on Premises Liability
Wet weather can lead to slip-and-fall accidents on slick, slippery surfaces, inside and outside.
People who slip and fall during precipitation events might be quick to blame themselves. Or, they may shrug it off, assuming the property owner cannot be held accountable for an accident.
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After all, wet weather conditions are out of his or her control, right? Not necessarily. In many instances, the premises owner can be held at least partially liable for a slip-and-fall that occurs during bad weather, especially if there is a pattern of careless or negligent maintenance of the property.
Who is Responsible?
In many situations, if a potential hazard exists and is recognized, but no action is taken, the property owner could be considered negligent for failing to address and remove the danger. The owner could be held responsible for any resulting injuries. In some situations, the property owner’s duty depends on whether the injured individual was a trespasser, an invitee, or a licensee. The most extensive standard of care is owed to an invitee, and the lowest is owed to someone who is trespassing.
While it’s challenging to blame someone if their steps are wet while it is precipitating, it is reasonable to expect premises owners to address any problems that arise from it. That includes addressing wet surfaces after the rain has ended. Property owners must maintain their property and maintain a reasonable standard of safety inside and out, regardless of existing weather conditions. In rainy weather, this may include providing mats for slippery walkways or caution cones on wet floors where rain and slush have been tracked.
But people also have a duty to be careful in wet, slick conditions, as well. They must be aware of their surroundings and watch where they are going to avoid harm. Modified comparative fault means that injured individuals’ damages are reduced by the amount of their own comparative fault. As long as your fault remains less than 50 percent, you can still collect compensation. But, if it is determined your fault is 50 percent or more, you will not likely collect any compensation for your injury from the premises owner.
Preventing Injuries in Wet Conditions
If the proper precautions are taken, slip-and-fall injuries that occur during rainy weather may be preventable. A property owner is not necessarily liable for harm suffered by someone who slips on a wet spot on their property. But, if evidence points to the fact that the area in question was poorly maintained, hazardous, or defective, the injured individual might have a viable claim against the property owner.
If you or a loved one suffered injury or harm in a slip-and-fall accident that occurred during rainy or wet conditions, the best way to determine if you are eligible for compensation is to contact a personal injury attorney. You may have a valid premises liability claim, which could cover your medical expenses, recovery needs, and more. Contact Delphin Law Offices, PLC to consult with one of our personal injury attorneys Lake Charles, LA residents recommend to discuss your injuries and how you can potentially be compensated from a premises liability claim.