“No animal, according to the rules of animal-etiquette, is ever expected to do anything strenuous, or heroic, or even moderately active during the off-season of winter.” Kenneth Grahame, The Wind in the Willows
If you are living in the Northeast and you are not someone who loves skiing, snowboarding, snowshoeing, ice fishing, sledding etc. it may be tempting to hibernate this season away. However, the reality is that snow and ice are a part of winter, and therefore, a part of our lives for several months out of the year.
As beautiful as it may be, snow and ice can cause major headaches and lead to significant injuries, one example being a slip and fall on ice and/or snow. While inclement weather is a part of our lives here in Upstate New York, that does not mean you have no legal recourse if you suffer a slip and fall.
Steps to Take After a Slip and Fall Accident on Ice or Snow
Here are some important things to keep in mind if you are injured as a result of a slip and fall due to snow, ice, or some other weather related condition.
Take Photographs
If you have a camera with you when you fall try to take photographs of:
(a) the condition that caused you to fall,
(b) the immediate surrounding area, and
(c) any helpful landmarks so that you will be able to locate the spot in the future.
If you don’t have a camera with you, try to remember the specific area where you fell and the condition which caused your fall. That way you can go back when you are able and take photographs.
Gather Witness Information
If there are any witnesses around ask for their names and contact information. Collecting information from these witnesses can in turn help your case should you choose to pursue a personal injury lawsuit.
Wondering why witnesses are important to your case? Curious about what types of details you should collect from them? Check out our guide to collecting information from accident witnesses here.
Keep Track of Important Facts About the Accident
Make a mental note of important facts, and as soon as you are able to write them down. Important facts would include:
- the date/time of the fall,
- weather,
- visibility (is it sunny or overcast, are there street lights, etc.),
- how you fell,
- how you landed,
- what you were doing right before the fall, and
- what you did after the fall.
Writing down these details as soon as possible is incredibly important as these facts will be key to explaining what happened and determining who may be at fault for the accident that caused your injuries. Details tend to fade as time passes, so recording these facts immediately is of utmost importance.
Notify Property Owner, If Possible
While you may not know who is responsible for maintaining the area where you fell, if there is a nearby public establishment, it is a good idea to notify them of your accident as soon as possible. If they want you to complete an accident report, it may be best to take the report with you and fill it out later. If you are upset and in pain it is most likely not the best time to provide an accurate recitation of your accident.
Seek Prompt Medical Treatment
Many people try to tough it out and delay in going to a doctor or hospital despite being seriously injured. That is not a good idea. Not only is there a possibility your injuries could become worse over time without appropriate treatment, but an insurance company or defense attorney could use that delay against you by arguing that your injuries are not genuine, are not as serious as you claim, or are unrelated to the accident.
Contact a Personal Injury Attorney
Contact a personal injury attorney as soon as possible after your accident to discuss your options. Even if you are not sure if you want to bring a lawsuit, it is important to know your rights and any deadlines that may apply to bringing an action.
Protect Yourself After a Snow and Ice Slip and Fall Accident
While it is our sincere hope that everyone is able to enjoy the winter free from any accidents and serious injuries, it is important to be well prepared as these types of accidents are unfortunately common.
If you are injured in a slip and fall accident in the Albany, Saugerties or Johnstown NY areas, call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for a free consultation. Our team will help you understand your rights and ensure that your interests are promptly and properly protected. You can reach us via phone at (800) 721-3553, or contact us online to set up a free case review with a member of our legal team.
Looking for additional information about slip and fall injuries involving ice and snow? The following resources are a good place to start:
Proving Fault in a Slip and Fall Case – In order to pursue compensation, your slip and fall accident must be caused in whole or in part by another individual or party. Learn about how fault is determined and assigned in slip and fall cases.
Slip and Fall Accidents that Occur at Someone Else’s Residence – Find out what to do if you’re injured in a slip and fall accident at someone else’s home or on someone else’s property.
Editor’s note: This content was originally published in 2017 but has been updated as of November 2018.
