The winter weather experienced in Minnesota annually often complicates many things. Oftentimes, slip and fall accidents and injuries occur due to the snow. Such accidents tend to occur in entryways of apartment buildings or stairways of business premises that have not been shoveled.
It is imperative to note that the law places a legal burden on the landlords and owners of these premises to ensure that these common areas are clean and safe. They are also under a duty to warn people using the property of any potential hazards in order to avoid accidents. In the event of a breach of this duty, the owners and operators of the premises become liable for any slip and fall injuries.
In simple terms, any injury sustained due to negligence or breach of duty is a sufficient ground for a premises liability claim in Minnesota. As such, injured victims have a right to obtain compensation for their losses.
Common Injuries due to Slip and Falls on Ice and Snow in Minnesota
Any injury can be devastating. Most victims of slip and falls on ice and snow in Minnesota get hurt due to a breach of duty by the business owners and owners of commercial premises. A slip and fall accident in Minnesota can result in:
- Traumatic brain injuries
- Broken, fractured bones
- Slip and fall back injuries.
As such, it is imperative for any victim to seek medical attention as soon as the accident occurs. Essentially, this helps improve their health and, at the same time, it helps build a robust claim against the liable party.
Premises Liability Standard in a Slip and Fall Accident in Minnesota
Minnesota’s law imposed a standard of care known as “reasonable care” on property owners. This simply means that they are required to act reasonably or undertake reasonable actions to ensure that the common areas are clean and in a safe condition for their residents and guests.
As such, during Minnesota’s winters, commercial establishments are required to have policies and procedures in place to ensure that their property is safe for visitors. Reasonable action, in this case, would mean ensuring that the snow is removed immediately after a snowstorm or taking measures to ensure the common areas are safe before the snowstorm.
Who is liable for slip and fall injuries on ice and snow?
It is difficult to point out the liable party in premises liability cases. However, as a matter of law, property owners have a legal duty of care to keep their premises safe and free from any hazards. This generally means that a breach of this duty makes them responsible for the accident and any injuries sustained by the victim.
However, certain cases involving establishing liability may be problematic. For instance, if a commercial establishment got into a contract with a snow removal company, then either party would be responsible for the injuries. This can only be established through rigorous investigation.
Therefore, it is vital to have a qualified attorney by your side to help identify the party responsible for your injuries.
Common Slip and Fall Defenses in a Lawsuit
Following an accident that results in a severe injury, you are required to file a claim seeking compensation for your losses. Although this is a right guaranteed under the law, obtaining the compensation you deserve is not an easy task.
One of the challenges you are likely to face during the claim process is the responsible parties’ robust stalling and delay tactics. Put briefly, the liable party may attempt to stall the whole process in order to have you drop the claim altogether.
In the same token, the responsible insurer may also attempt to blame the victim by alleging that the injured person contributed to the accident. Such a defense is typically invoked to ensure that the injured person is partially or entirely denied compensation for their injuries.
Having said that, an experienced attorney can help you get through all the complexities in the claim process and, at the same time, counter any defenses invoked by the defendants or the responsible party.
Need Help? Contact a Qualified Personal Injury Attorney
If you or your loved one sustains an injury due to a slip and fall accident in Minnesota, it is imperative to contact an attorney to ensure that your rights are safeguarded. Remember, even the insurance company doesn’t have your interests at heart.
Contact us today for a free case evaluation.