Winter is a beautiful season, but the weather can lead to slips and falls on black ice. These accidents can cause serious injuries.
Slip and fall
Black ice can form on pavement, sidewalks, or similar surfaces. It is called black ice because it is nearly identical in color to the surface underneath it, like asphalt. It can be very difficult to see and easily cause a slip and fall. It may melt in the sun and re-freeze at night when temperatures drop. The property owner should regularly remove this hazard, by shoveling or salting the area.
A fall on black ice can cause you to suffer bruises, sprains, fractures and broken bones as well as serious injuries, like a traumatic brain injury or a spinal injury. You could also have internal injuries, dislocation and emotional distress, like anxiety.
There are several elements you must prove for a successful claim for compensation. First, you must show that the property owner or occupier had a duty to maintain the premises in a reasonably safe condition and that they were negligent in their duty.
The property owner must have known or should have known about the dangerous condition, either through actual notice or because a reasonable inspection would have uncovered it. You must demonstrate that there is a direct connection between the hazardous condition and your slip and fall and that you suffered damages, like lost wages, pain and suffering and medical expenses.
You may have a limited time to file a claim.