Slip and Fall Injuries in Inclement Weather: Who’s Responsible?

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Inclement weather, such as rain, snow, and ice, can create hazardous conditions that increase the risk of slip and fall accidents. When you slip and fall in such conditions, it’s natural to wonder who bears responsibility for your injuries. In this blog, we will explore the complex issue of slip and fall accidents in inclement weather and delve into the key factors that determine liability.

Property Owner’s Duty of Care:

Commercial property owners have a legal obligation to maintain their premises in a safe condition, regardless of the weather. Whether they are individuals, businesses, or government entities, this responsibility remains. This duty of care extends to taking reasonable precautions before, during, and after inclement weather occurs to prevent slip and fall accidents.

Factors Affecting Liability:

Determining liability in slip and fall cases during inclement weather involves assessing several factors:

  1. Maintenance Practices: Did the property owner take reasonable steps to clear snow and ice, or address slippery surfaces promptly?
  2. Foreseeability: Was it reasonably foreseeable that hazardous conditions could arise due to inclement weather?
  3. Warning Signs: Were there adequate warning signs or barriers to alert visitors to the potential danger?

Comparative Negligence:

In some cases, the injured party’s actions may contribute to the accident. Comparative negligence laws come into play, which means that liability can be shared between the property owner and the injured party based on their respective levels of negligence. If the injured party is found 50% or more at fault, the plaintiff may not recover damages. It’s essential to consult with a personal injury attorney to evaluate the specific circumstances of your case.

Documentation and Evidence:

If you’ve suffered a slip and fall injury during inclement weather, gathering evidence is crucial. This includes taking photographs of the accident scene and injuries, such as cuts, bruises, etc. To learn more about the importance of photographing the scene of an accident, check out our blog Obtaining witness statements and preserving any relevant weather reports provide additional insight on the accident. Such evidence can be invaluable in establishing liability.

Consult with an Experienced Attorney:

Navigating slip and fall cases in inclement weather can be legally complex. Consulting with an experienced personal injury attorney is essential to understanding your rights and building a strong case. Your attorney can assess the details of your situation and help you determine who may be held responsible for your injuries.


Slip and fall injuries in inclement weather raise questions about liability and responsibility. While property owners have a duty to maintain safe conditions, proving fault in such cases can be challenging. If you’ve been injured in a slip and fall accident during adverse weather conditions, contact UBFK Law today. Our experienced personal injury attorney, Joshua Kleinman, Esq., can guide you through the legal process, advocate for your rights, and help you obtain the compensation you deserve.

DISCLAIMER: The contents of this article were created to provide general information, it is not intended to create an attorney-client relationship and shall not be construed as legal advice. You should not act upon any information provided in this article without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained in this article or on this site or sites linked hereto. If this pamphlet is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, NJ 08625. “No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”
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