The Impact of Weather on Premises Liability
Wisconsin’s winter weather is unpredictable, with sudden snowstorms, icy rain, and freezing temperatures. Property owners and managers have a responsibility to address these hazards and ensure the safety of visitors and tenants. But when they neglect this duty, and someone is injured, who is responsible for covering the medical bills?
Here’s how winter weather impacts liability in slip-and-fall accidents and how an experienced Wisconsin injury lawyer can help you pursue fair compensation.
Property Owners’ Duties in Adverse Weather
Premises liability is the legal obligation of property owners, including private businesses, government entities, and apartment managers, to ensure their property is safe for visitors. When a property owner fails to address hazards, and someone is injured, they may be liable.
This responsibility becomes even more complicated with weather-related incidents. In Wisconsin, snow and ice on sidewalks, parking lots, and entryways can increase the risk of slip-and-fall injuries.
Although property owners are required to take reasonable steps to maintain safety during winter weather, determining liability can be challenging. Disputes often arise over the severity of the conditions, the property owner’s awareness of the hazard, and the actions taken to address it.
Specific Weather Conditions and Their Impact
Wisconsin winters bring ice, snow, and storms that create safety risks for visitors and add responsibilities for property owners. Here’s how these conditions affect premises liability cases:
| Legal Aspects | Hazard: Snow and Ice | Hazard: Storms |
| Explanation | Ice and snow buildup creates hazardous conditions on sidewalks, parking lots, and entryways, increasing the risk of slip-and-fall accidents. | Severe storms, like those with high winds, hail, or flooding, can damage buildings, trees, and other structures, posing risks to visitors. |
| Property Owner Duty | Wisconsin property owners must clear snow and ice from their properties within a reasonable timeframe. In Appleton, for example, sidewalks must be cleared within 36 hours after a snowfall. | Property owners should address hazards after a storm, such as removing fallen branches or securing damaged structures that may pose a risk to visitors. |
| Legal Complications | Property owners may use the “natural accumulation” defense, arguing they aren’t liable for injuries from snow or ice if they didn’t have a reasonable chance to remove it; it can prevent victims from seeking damages. | Liability often depends on whether a property owner could reasonably predict the risk (legally known as foreseeability). To prove negligence, victims must show the danger was something the owner should have anticipated. |
Safety Measures to Prevent Accidents
To minimize accidents, property owners must take steps to protect visitors and tenants. These can include:
- Clear Snow and Ice Promptly: Regularly remove snow and ice from sidewalks, driveways, and entryways, and apply salt to prevent slippery surfaces.
- Secure Loose Items: Before storms, secure outdoor furniture, signs, and other objects that could become dangerous in high winds.
- Trim Trees and Maintain Property: Inspect and trim any trees or branches that could fall during a storm. Address damaged structures or objects that could pose hazards in severe weather.
- Install Slip-Resistant Mats: Place slip-resistant mats at entryways to reduce falls from wet or icy footwear.
- Post Warning Signs: Set up signs warning visitors of wet or icy surfaces to alert them of potential risks.
- Ensure Adequate Lighting: Light outdoor areas, especially around stairs and walkways, to help people spot any hazards.
Insurance Coverage for Weather-Related Damages
Property owners should review their insurance policies to make sure they’re fully prepared for weather-related incidents. The right coverage protects their business or property and supports anyone injured on-site. Here’s what different types of properties might need:
- Private Businesses: Business liability and commercial property insurance can cover medical bills, legal fees, and repair costs when visitors are hurt by weather-related hazards, helping the business and the victim manage unexpected expenses.
- Residential Homeowners: Homeowners’ insurance covers injuries to visitors who slip on icy driveways or sidewalks, providing support for medical bills and liability protection for the homeowner.
- Apartment Complexes: General liabilityor commercial property insurance covers weather-related injuries and structural damage, addresses visitor and tenant needs, and financially protects the property owner.
Seek Legal Counsel After a Weather Incident
If you or a loved one has been injured on someone else’s property due to hazardous weather conditions, you may have grounds for a premises liability claim. An experienced attorney at Brian Hodgkiss Injury Lawyers can assess your case, determine if the property owner met their duty of care, and help you with the claims process.
Contact us for a free case evaluation, and let us help you recover the financial support you deserve. Bank on Brian to fight for your rights and hold negligent property owners responsible for unsafe conditions.