Did you know that slipping on ice can lead to injuries requiring immediate medical attention for 37% of fall victims? While snow is rare during Louisiana winters, ice can still form on various walkable surfaces, including exterior stairs, sidewalks, and parking lots. These surfaces become hazardous when this occurs, increasing the risk of slip-and-fall accidents.

Slipping on an icy surface can lead to broken bones or serious head injuries. If it happens to you on someone else’s property, including stores and other businesses, the property owner could be liable for not maintaining a safe environment, and you may be entitled to compensation. An experienced Louisiana slip-and-fall lawyer can tell you if you qualify and guide you through your legal options for recovering damages.

Louisiana’s Winter Ice Risks

Unlike in colder or northern states, Louisiana winters are typically mild, with temperatures usually averaging 40 to 50°F. However, cold fronts can cause freezing rain and the formation of ice patches on various surfaces.

Residents are often ill-equipped to navigate these rare icy conditions safely. Even a small patch of ice can pose a danger; these smaller patches are often harder to see and avoid, increasing the risk of slipping. Some of the most hazardous areas include:

  • Uneven Sidewalks: Water tends to collect in low spots on uneven sidewalks. When temperatures drop, these pooled areas freeze, creating slippery patches that can easily go unnoticed.
  • Poorly Drained Streets: Streets without adequate drainage may accumulate water or sleet, forming slippery spots. Be cautious on stretches of road that don’t drain well.
  • Leaking or Dripping Water Sources: Water leaking from gutters, pipes, or AC units can create icy patches on nearby walkways when water drips and freezes.
  • Exterior Stairs: Outdoor stairs are dangerous, as water and melting snow can pool on them and freeze. Without proper salting or snow removal, they become hazardous. Metal staircases, in particular, may freeze even when the air temperature is slightly above freezing.

Tips for Walking Safely on Ice

If you find yourself navigating icy areas, a few simple precautions can help reduce your risk of slipping:

  • Walk Slowly and Carefully: Take short, deliberate steps and keep your weight centered to maintain balance.
  • Wear Appropriate Footwear: Shoes with rubber soles and good traction provide better grip on slippery surfaces.
  • Use Handrails When Available: Use handrails to maintain stability on stairs or ramps.
  • Keep Your Hands Out of Pockets. This will help you maintain better balance and catch yourself if you start to slip.

While these tips can reduce your risk of injury, property owners are also responsible for keeping their premises safe for visitors and customers.

When Can You Seek Compensation for an Ice-Related Slip and Fall?

If you slip and fall on ice, compensation depends on where the accident happened and the property owner’s responsibilities. In Louisiana, state law requires all property owners to keep their premises safe and properly maintained for visitors, including from ice and slippery surfaces.

When a premises owner or manager fails to take reasonable measures to protect visitors and customers, they may be held liable for injuries that occur. Here’s when you may have a valid claim:

Private Property (Not Public Sidewalks)

If you slipped on ice on private property, such as a business parking lot, entrance, or walkway, you might have a case if the property owner did not take reasonable steps to address the icy conditions.

For instance, business owners should salt or shovel areas where ice has formed or place warning signs to alert customers of potentially slippery floors.

Neglected Maintenance

If the property owner knew or should have reasonably known about the hazardous icy conditions and failed to take action, they may be considered negligent. An experienced lawyer can help you obtain evidence that the business owner failed in their duty of care to visitors.

Shared Fault

Louisiana follows a comparative fault rule, meaning that if you’re less than 50% responsible for your slip and fall, you’re still eligible for compensation, although it will be reduced by the percentage of your fault.

For example, if you were distracted (e.g., looking at your phone while walking) when you slipped on ice, a court could consider you were partially at fault. But because the hazardous condition existed, the property owner is also partially responsible and your right to compensation is preserved.

Types of Compensation Available for Slip-and-Fall Victims

If you slipped and fell because a negligent business owner failed to keep the premises safe, you may be able to seek compensation for the following:

  • Medical Expenses: Coverage for current and future medical costs related to your injuries, including hospital bills, medication, and physical therapy.
  • Lost Wages: Covers any income you could not earn due to injuries. If your injuries are severe and prevent you from returning to work in the long term, it should also cover potential lost future earnings.
  • Pain and Suffering: You can also seek compensation for the physical pain, distress, loss of enjoyment of life, and other non-economic damages that may have resulted from your injuries.
  • Other Related Expenses: Depending on the situation, you may also recover compensation for other expenses associated with the fall. Examples include property damage (e.g., broken glasses, phone damage), the cost of transportation to medical appointments, or investments in assistive devices (such as a wheelchair) needed due to your injuries.

Get Legal Help After a Slip-and-Fall on Ice

Establishing liability in a slip-and-fall claim in Louisiana can be difficult. At Dudley DeBosier, our slip-and-fall lawyers have the experience to handle these cases effectively. We can evaluate your situation, gather evidence, and build a strong claim.

Our team is available to discuss your case, explore your legal options, and help you protect your right to compensation. Contact us today for a free case review.

 

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.