Can I file a personal injury action for injuries sustained in slip and fall accident on private residence

Please note that I am only licensed in the State of New York and this answer is for general information purposes only.

The answer depends on many factors, including whether your state follows the natural accumulation rule or not. If your state follows the natural accumulation rule and if a homeowner tries to remove ice or snow from their property, they must do so using ordinary care. If a landowner tries to remove a natural accumulation of snow and actually makes the condition worse, he or she may be liable for any injuries caused by the more dangerous condition.

Putting sand or salt on ice is a common way to clear ice after a homeowner shovels snow, and it is generally evidence of a landowner's reasonable care. If ice, on which salt or sand was spread, later refreezes, it is not considered a worsening of a natural accumulation so as to hold the property owner liable.

In states that do not follow the natural accumulation rule, landowners must take reasonable steps to lessen dangerous conditions within a reasonable time after an accumulation of ice or snow. Generally, it is permissible for a landowner to wait until the end of a snowstorm, and a reasonable time after the storm before attempting to remove snow and ice from outside sidewalks and steps. What a "reasonable time" is will depend on the type of premises, the time of day (if the snow ends in the middle of the night, it is probably reasonable for the landowner to wait until he wakes up the next morning to shovel snow) and other factors.

You need to speak with a Personal Injury Lawyer in your jurisdiction to better determine whether you have a viable case. The attorney can also give you a better idea as to what your case may be worth.

Good luck

I think you have a relatively good chance to win your case assuming that you were an invitee, but would need to show the hazardous condition. Your damages could range from $50,000 - well into the six figured depending on how serious the fracture was and whether you needed surgery. Of course the jury would likely reduce for compartive fault.

Thank you for your email.

You present with what appears, on a preliminary basis, to be a favorable position on liability (establishing fault/negligence on the part of the residence owner). Notice is always a big issue in these types of cases and the argument of why you didn't see the ice/snow accumulaton will be argued by the defense.

As for damages, you likewise have a favorable preliminary assessment since the fracture is an objective, presentable injury to a jury that can show proof of serious injury. This is very dependent on multiple issues, including your past medical histroy, the nature and length of your post accident treatment, permanency of injuries and the medical prognosis (forecast) from your treating doctors.

Please feel free to call or email me if you would like to discuss this in greater detail.

Regards,

Andrew S. Blumer, Esq.
(732.303.6430 or andrew@blumerlaw.com)