When the weather takes a turn, risks of accidents in properties increase. Slippery ice, heavy snow or even a sudden downpour can transform a property into a potential hazard zone. Understanding how these weather elements can influence liability claims is crucial for visitors who were injured on another’s property.
Addressing what’s within control
Weather can influence premises liability claims in several ways. Rain, snow, ice and even extreme heat can create hazardous conditions that lead to accidents. While the weather is out of their control, property owners must take reasonable steps to address these conditions to ensure the safety of their premises.
To mitigate the risk of weather-related accidents, property owners should:
- Regularly inspect their property for hazardous conditions
- Promptly address any issues, such as clearing walkways of snow and ice
- Use caution signs to warn visitors of potential dangers, like wet floors
- Maintain proper drainage systems to prevent water accumulation
Otherwise, property owners may be responsible for injuries resulting from slip and falls and other similar accidents.
Legal considerations for visitors
Visitors also have responsibilities when it comes to premises liability. They must exercise reasonable care for their safety and be aware of their surroundings. If a visitor ignores obvious hazards, the court may reduce the damages they can recover depending on the applicable state laws.
For instance, under Georgia’s modified comparative negligence law, if the court finds the injured party to be less than 50 percent at fault, their total damages will be reduced by their percentage of fault. If the percentage is at or exceeds 50, they can no longer recover any damages.
Exploring solutions and possibilities
Weather conditions can produce hazardous situations that can lead to injuries. With these conditions, property owners have the duty to maintain safe conditions. Otherwise, they may face premises liability lawsuits. Victims must prove that the owner failed to address hazards, like ice or water, in a timely manner, contributing to the injury. Proper documentation and prompt action are crucial for successful claims.