Winter in Northeast Ohio can be brutal, bringing snow and ice that turn everyday errands into risky ventures. Slip and fall accidents on icy sidewalks, parking lots, and driveways are common, but can you sue for falling on ice or snow?
The personal injury attorneys at Mizak & Pacetti in Parma, Ohio, understand how dangerous winter conditions can be. But when it comes to legal responsibility, not every fall on ice or snow qualifies for a lawsuit in Ohio.
When Is a Property Owner Not Liable for a Slip and Fall on Ice or Snow?
Under Ohio law, property owners are generally not responsible for injuries caused by natural accumulations of snow or ice. Courts assume that Ohio residents are familiar with winter hazards and should take reasonable care when walking on icy or snowy surfaces.
This means that simply slipping on untreated ice in a parking lot or on a sidewalk usually won’t be enough to hold the property owner accountable. Even if a property owner shovels or salts, courts recognize that snow piles, ice patches, and runoff can still occur as part of normal winter maintenance.
When Can You Sue a Property Owner for Falling on Ice or Snow?
There are key exceptions under Ohio law where a property owner can be held responsible for slip and fall injuries due to ice or snow.
1. Unnatural Accumulations of Ice and Snow
A property owner may be liable if they create or allow an unnatural accumulation of ice or snow. This doesn’t include typical snow removal activities but refers to conditions that make icy patches more dangerous than usual.
Examples of unnatural accumulations include:
- Leaking or broken gutters that drip water onto walkways, which then freezes.
- Poor drainage systems causing water to pool and freeze in high-traffic areas.
- Improper disposal of snow that leads to dangerous runoff or ice patches.
In these cases, if the property owner’s negligence caused the unnatural ice buildup, they could be responsible for your injuries.
2. Hidden Hazards Covered by Ice or Snow
If ice or snow conceals a dangerous condition on the property, the owner may be liable for injuries. These hazards could include:
- Potholes or cracks in the pavement.
- Sudden changes in elevation or hidden curbs.
- Openings or holes that are not visible due to snow or ice coverage.
For a successful claim, it must be shown that the hazardous condition was hidden and that a reasonable person wouldn’t have known about it. However, if you were already aware of the hazard, the property owner may not be held liable.
Can You Sue If There’s Only One Entrance or Exit?
Ohio law provides another exception when a building has only one accessible entrance or exit. If that sole route is covered in ice or snow, the property owner could be held responsible for injuries.
The logic here is simple — if there’s no alternative safe path, visitors can’t avoid the dangerous area. Property owners are expected to take reasonable steps to clear the path and make it safe, especially if they know it’s the only way in or out.
What to Do If You’ve Fallen on Ice or Snow in Parma, Ohio
If you were injured after a slip and fall on ice or snow, it’s important to take action quickly:
- Document the scene — Take photos of the area where you fell, showing the ice or snow and any potential hazards.
- Seek medical attention — Even if injuries seem minor, it’s crucial to get checked out and create a medical record.
- Report the incident — Notify the property owner or manager and request a written report.
- Contact an attorney — Navigating Ohio slip and fall laws can be tricky. An experienced Parma personal injury attorney can help determine if you have a valid claim.
The attorneys at Mizak & Pacetti, LLC are here to help. We offer free consultations and can review the details of your fall to see if the property owner may be liable for your injuries.
Frequently Asked Questions
Can I sue a landlord for falling on ice in my apartment complex in Ohio?
Yes, you can sue a landlord in Ohio if their negligence caused your fall, such as ignoring a broken pipe that created an icy walkway. Landlords must keep common areas safe for tenants, especially in winter. Proving they failed to act is key to winning an Ohio slip and fall case.
What if I fell on ice at work in Ohio—can I sue my employer?
In Ohio, you generally can’t sue your employer for a workplace fall on ice due to workers’ compensation laws, which cover medical costs and lost wages instead. However, if a third party—like a property maintenance company—caused the hazard, you might sue them. Check your situation to see which path applies.
Does homeowner’s insurance cover my slip and fall on ice in Ohio?
Homeowner’s insurance may cover your slip and fall on ice in Ohio if the property owner’s negligence, like not fixing a leaking gutter, caused the accident. Coverage depends on proving fault, so documenting the scene with photos is crucial. It’s a common way to get compensation without going to court.
Can I sue a city for falling on a snowy public sidewalk in Ohio?
Suing a city in Ohio for a snowy sidewalk fall is challenging because of governmental immunity, which protects public entities from most lawsuits. You could succeed if the city directly caused an unusual danger, like a water main break freezing over, and ignored it. Evidence of their negligence is essential for a claim.
What if I was drunk when I fell on ice—can I still sue in Ohio?
You can still sue for a fall on ice in Ohio if you were drunk, but Ohio’s comparative negligence law might lower your payout if your intoxication partly caused the accident. If the property owner’s failure—like not clearing a known ice patch—was the bigger issue, you could still recover damages. Your case hinges on how fault is split.
Call Mizak & Pacetti Today for a Free Consultation
Don’t let medical bills and lost wages pile up after a slip and fall accident. Contact the Parma, Ohio personal injury lawyers at Mizak & Pacetti, LLC to discuss your case. We’ll help you understand your legal options and fight for the compensation you deserve.
