When you slip and fall on ice in a parking lot or outside of a business, the liable party is not always just the property owner. A snow and ice removal contractor may also share fault or even have primary liability. These are the snow plow companies that many businesses hire to remove snow and ice from their properties instead of performing the work themselves.
When Can a Snow Plow Company Be Liable for a Slip and Fall?
The areas of a property that a snow and ice removal contractor is responsible for maintaining depend on its contract with the property owner. The snow plow company may only be responsible for removing snow and ice from the parking lot, while the property owner or business remains responsible for clearing and salting sidewalks leading to the building’s entrance. In other situations, the contractor may also be responsible for maintaining those walkways.
Determining who was responsible for the area where the fall occurred is often one of the first steps in evaluating a slip and fall claim.
Negligent Snow and Ice Removal in Pennsylvania
One factor to examine when a snow and ice removal contractor performs an inadequate job is the contractor’s experience.
Some companies only perform snow and ice removal during the winter as a side business. Their primary work may be landscaping or another type of outdoor service. These less experienced contractors may not understand the proper techniques for removing snow and ice, leaving dangerous conditions that increase the risk of slip and fall accidents.
When a property owner hires an inexperienced contractor, the property owner may also share responsibility. For example, a property owner may choose a less experienced contractor simply because it offered a lower price. In that situation, an attorney may argue that the property owner prioritized cost savings over public safety.
Another important factor is whether the contractor followed the property owner’s instructions for snow and ice removal. Ignoring those instructions may be direct evidence of negligence, particularly if the property owner had greater knowledge of recurring trouble spots on the property. A failure to follow instructions may also demonstrate the contractor’s lack of experience.
How the Snow Removal Contract Can Affect Your Claim
The contract between the property owner and the snow removal contractor can significantly affect who is legally responsible for your injuries.
For example, the contract may limit the contractor’s responsibilities to only those areas specifically identified by the property owner. If you slipped in an area the contractor was never hired to maintain, the property owner may bear primary responsibility for your injuries.
The contract may also specify who is responsible for inspecting the property after snow removal services are completed. In some cases, the property owner is responsible for determining whether additional salting or snow removal is needed and for requesting the contractor to return if hazardous conditions remain.
Understanding these contractual responsibilities is often critical when determining liability after a slip and fall accident.
Timing and Snow Removal Can Be Critical to Your Case
Another important issue is whether the snow and ice removal contractor performed its work within a reasonable amount of time.
Many contractors are expected to pre-treat parking lots and sidewalks with salt before forecasted snow or freezing rain. If the contractor failed to pre-treat the property and dangerous ice formed as a result, the contractor could be liable for injuries caused by a slip and fall.
Likewise, if the contractor failed to remove accumulated snow and ice within a reasonable period after a winter storm, that delay may also support a negligence claim.
Proving Your Injuries After a Slip and Fall Accident
You will also have to prove your injuries through medical evidence. This includes your medical records, reports from your treating doctors about your injuries, and testimony from yourself, friends, and family about how your injuries have affected your daily life.
If you have lost wages because of your injuries, those damages can be proven through medical evidence showing that you were unable to work, as well as tax returns and pay stubs demonstrating your normal earnings. Your attorney may also retain an economic expert to calculate any future lost wages or diminished earning capacity.
The Thistle Law Firm is experienced in handling slip and fall claims throughout Pennsylvania involving negligent snow and ice removal contractors. If you or a loved one suffered serious injuries after slipping on snow or ice because of a negligent snow plow company, The Thistle Law Firm is here to answer your questions. Call 215-568-6800 today.