I’ve fallen on ice! I’m hurt. Can I sue someone? / ¡Me he caído sobre hielo! Estoy herido. ¿Puedo demandar a alguien?

I’m a plaintiff lawyer and here is my standard answer:  Probably, but the real question is, “should I sue someone?”  The answer: probably not.  I make my living representing injured people, but that doesn’t mean all injured people should be represented.  A slip and fall on a natural accumulation of snow or ice can result in a terrible injury.  I slipped on ice outside a building and hurt my back for months.  The ice was natural run-off from the rooftop overnight.  Even had the building owner shoveled and put salt down, there is no reasonable way to expect that he could (or should have to) prevent the ice build-up.  The question is whether, by clearing some snow or ice, the owner of the building has created a hazard that would not have existed through natural accumulation. For instance, he shovels the snow so that the only way into a building is to jump over a huge pile or he shovels the snow in such a way as to cover up other obstructions (a hole in the sidewalk, a missing step on a staircase).  The fact that you’re on someone’s property and you slip and fall on snow or ice does not mean that you should sue someone.  Other lawyers might feel differently.  Certainly, there are times when you can file suit due to a slip and fall on snow or ice.  Those instances are very fact specific.  If something like this happened to you then you should speak to a lawyer (assuming you’re injured) and he/she can tell you whether you have a meritorious case.  If you have questions about whether you have a lawsuit then give us a call.  We will be straight-forward with you.  If we can help we will.  If we think you should reconsider filing a lawsuit then we will tell you that too.  You want a straight answer then call Short and Daugherty at 618-655-9499 or 618-254-0055.