QUESTION
Who will be liable if my wife slipped on ice near her car in a Target parking lot?
Asked on Jan 23rd, 2014 on Personal Injury - Idaho
More details to this question:
She slid into the side of her car and the impact with the car injured her neck and arm, to the point that a day later she can't raise her arm. The incident happened the day after we received a couple inches of snow. The ice was runoff that refroze in addition to the ice that is caused by car tires and foot traffic compressing snow. Her visit to the store was around 2 pm. Is the store, plow company, property management at fault?
8 ANSWERS
Ronald A. Steinberg
In Michigan, she would be responsible. Target only has to be reasonable, not perfect.
Answered on Mar 17th, 2014 at 9:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan you most probably has no sustainable cause of action. You can seek counsel to see if there are special circumstances but prepare to be disappointed.
Answered on Jan 30th, 2014 at 4:51 AM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answered on Jan 30th, 2014 at 4:50 AM
You need to show negligence; that someone acted below the reasonable standard of care. I would suspect that a trier of fact would not believe that Target had to have the parking lot clear of all traces of snow and ice. They apparently did try to remove most of the snow and unless you can show that their snow removal unreasonably added to the hazard of slipping I do not thing that anyone was negligent.
Answered on Jan 30th, 2014 at 4:50 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is always negligence. if the runoff refroze how do you go about insuring the parking lot is free of ice. Do you think that is the obligation of those you mentioned?
Answered on Jan 30th, 2014 at 4:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I say all three. Believe it or not, the medical bills should be covered by no-fault, since she hit her own car. Contact a personal injury lawyer in your area. Don't try this on your own, the insurance companies will not take you seriously.
Answered on Jan 30th, 2014 at 4:49 AM
Thomas Edward Gates
You have a difficult case to pursue. If reasonable means were taken to clear the snow and ice, the companies may have met their duty to customers. You knew that there was snow and ice about, hence, you should have been extra careful walking on the snow and ice. The best you can likely expect would be to have your medical bills paid.
Answered on Jan 30th, 2014 at 4:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The owner of the property may be at fault; however, if it was unreasonable to clear the snow given the conditions, it may not be anybody's fault. Your wife needs to see a local personal injury attorney.
Answered on Jan 30th, 2014 at 4:48 AM