Slip and Fall Accidents: How to Avoid Premises Liability This Winter

For property owners, property managers, and homeowners having guests is usually a very welcome occurrence. However, you are responsible, to some extent, for the safety of the people who are on your property. In some cases, you are legally obligated to prevent injuries by taking responsible precautions to eliminate known hazards and ensure safe conditions on your property. Under premises liability law, a failure to do so would constitute negligence and could make you liable for any injuries other people sustain while on your property.

In The Article

Shovel Snow Off Your Sidewalk

Snow-covered sidewalks are one of the main causes of slip and fall accidents in winter. According to New Mexico Statutes, the owner or occupant of any premise are required to “to keep the sidewalk, along the premises, free from any snow or other obstruction”.

If you neglect to shovel snow off the sidewalk in front of your home or business and it leads to a pedestrian getting injured, you may be liable for the injury. It’s important to recognize that New Mexico laws don’t specify how frequently you need to clear snow off your sidewalk, and they don’t impose a time limit to clear your walkways of snow. However, to avoid liability, be conscientious of snow in your area and how much is accumulating on your walkways.

Ensure Safety on Icy Driveways and Parking Lots

Like snow-covered sidewalks, icy driveways and parking lots can pose a similar hazard and a risk of injury. In order to ensure safety, use salt to melt the ice and sprinkle sand to add more traction. Before the winter season, it’s important to inspect your premises for any existing water leaks and fix them as soon as possible. No leaks can help ensure less ice will form on the property and its surrounding areas such as driveways and walkways.

Use Caution Signs

Caution signs can be useful both inside and outside the buildings. People entering premises may bring in the snow that, when melting, may cause the floor to become slippery. Similarly, ice and snow melting outside can cause dangerous conditions on sidewalks and driveways along the property. While using caution signs doesn’t relieve a property owner or manager of the responsibility to ensure safe condition on the premises, it can be a useful defense in the case of a potential lawsuit.

Provide Sufficient Lighting

With shorter days and less sunlight in the winter months, it is equally important to provide additional lighting to illuminate dimly lit spaces. Some critical areas that may require additional light are parking lots, paths, and walkways. Automatic sensor lights may help ensure these spaces become sufficiently illuminated as soon as natural light begins to diminish.

Adverse winter conditions, especially if they come suddenly and unexpectedly, can cause a serious safety hazard that may open you up to liability. More importantly, however, they can pose risk to your safety as well as those of your family members and friends.

Ron Bell Personal Injury Lawyers would like to encourage our readers to take all reasonable precautions to stay safe this winter season – regardless of the weather.