Ah, winter, the season of cozy sweaters, hot cocoa, and…slippery sidewalks. Icy sidewalks can turn your day (and your balance) upside down. But when it comes to icy sidewalks, who bears the responsibility for accidents? In Alabama, understanding the law can help you stay upright and legally safe.
Understanding Slip and Fall Liability
In Alabama, slip and fall cases can fall under the umbrella of premises liability. Property owners have a legal obligation to maintain a reasonably safe environment. This includes addressing hazards like icy sidewalks in a timely manner. However, Alabama’s legal landscape adds complexity with its adherence to contributory negligence.
This means if the injured party is found even 1% at fault for the accident, they may not be able to recover damages.
The Code of Alabama §11-49-2 also outlines property owner and municipal responsibilities for maintaining sidewalks.
Who is Responsible for Icy Sidewalks
Typically, property owners are expected to keep their premises safe. This includes removing snow and ice from sidewalks adjacent to their property. While Alabama law does not explicitly mandate snow and ice removal, failure to address these hazards could be deemed negligent.
Likewise, property owners must exercise reasonable care in maintaining their premises. If a property owner removes snow or ice, they must do so responsibly to avoid creating additional hazards.
Can Someone Sue You if They Slip on Your Sidewalk?
Yes, if someone slips and falls on icy sidewalks adjacent to your property, they can potentially sue you for negligence. To succeed in a premises liability case, the injured party must prove:
- The hazardous condition was known (or should have been known) to the property owner.
- The owner failed to take reasonable steps to address the danger.
- The unsafe condition caused an injury.
Even simple oversight under Alabama’s premises liability law could lead to a legal headache if someone is injured on your property. If a property is rented or leased, the responsibility for maintaining the sidewalk might shift to the tenant, depending on the lease agreement.
Can You Sue for Slipping on Ice?
If you are the one who took the tumble, you may have grounds to sue. However, you’ll have to demonstrate that the property owner’s negligence caused your fall. Here’s what else you will need to support your claim:
- Photographs of the icy conditions.
- Witness statements to corroborate your account.
- Documentation of injuries and medical expenses.
Winter safety is a two-way street. Property owners must diligently clear hazards, while pedestrians should exercise caution and report dangerous conditions.
- For Property Owners: Regularly check for ice and address it promptly.
- For Pedestrians: Wear proper footwear, exercise caution, and remain alert to potential hazards.
While winter can bring its share of slip-ups and tumbles, understanding your legal responsibilities and rights can help you stay on solid ground. Whether you’re a property owner or a pedestrian, being informed can help you avoid unnecessary legal complications.
Stay sure-footed this winter. If you experience a slip and fall, contact the experienced attorneys at Timberlake, League & Brooks. We can help.
