Suing For Weather-Related injury?
Posted On behalf of Pfeifer Morgan & Stesiak on Nov 29, 2011 in Advice
The winter months are the most dangerous ones for living in Indiana, with road and sidewalk conditions often becoming unpredictable and dangerous.
When you're injured due to weather-related conditions, often there could be no one at fault, and there's no recompense for your injury, except potentially from your own insurance company. But before you begin filing that claim, it's worth considering if in fact there may have been other responsible parties.
Did your accident occur at your own home? If not, who was responsible for maintaining the premises? Was the person responsible for upkeep negligent in their duties?
In rapidly changing weather conditions, the answers to these questions could be far from obvious, and it may help to discuss the matter thoroughly with a personal injury attorney, but it can also be helpful to think the event through in your mind before calling the attorney, so you don't waste your time or theirs.
If someone else was responsible for keeping the location of your accident safe, there are certain responsibilities that they have to anyone who might be on the premises.
If it's a public location, such as a store or office, the owner should be expected to keep walkways clear for safe foot traffic, including shoveling and de-icing (usually with road salt). While they can't be expected to provide these services instantaneously after a snowfall or ice storm, the maximum precautions should be taken, in the quickest time possible. After all, if they're there to open their doors for business, they should be able to (reasonably) assure the safety of the customers they serve.
As always, the best thing to do if you've been injured in a slip-and-fall is to keep a clear head, and document everything. Nearly every cell phone is now a camera. Take pictures before you even leave the scene of the accident, being sure to document what you believe to be the most immediate causes of the injury.
If you're too incapacitated to take the pictures yourself while waiting for an ambulance, ask someone else to take photos with your phone, or to take pictures with their own phone and send them with you. Get the phone number of someone else who was there.
As early after the accident as possible, call a personal injury lawyer to discuss the particulars of the accident Get the help you need.