It sounds like you should contact a local attorney for further evaluation. Businesses in general have a responsibility to ensure that their property and establishments are free from any hazards that could impede the functionality or safety of their patrons.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Sorry to hear about this. A bad way to start your day. It sounds like the accident happened on a public street. If this was something that happened in Wisconsin I'd say that the laws that relate to the maintenance of streets and public areas are such that there is probably no ability to recover from the municipality for improper maintenance/salting of the roads. If the accident happened on private property you should talk to a local attorney about whether there are any local codes/laws that state that a business owner needs to salt/remove ice and snow within a certain number of hours. If the damage to your vehicle is more than your deductible you may want to submit the claim to your auto insurance and ask them if they believe it is worthwhile to attempt to get "paid back" by the gas station or whoever they believe may be at fault. Good luck.
Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.
Not likely. This would be considered a hazard caused by natural accumulation of ice and snow, and therefore, the gas station would have no liability. Ohio is probably tougher on this issue than California.
I agree with the other attorneys. It is unlikely.
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Sign up to receive a 3-part series of useful information and advice about personal injury law.