What is considered personal injury negligence when it comes to winter-related accidents?

Dec 23, 2020

You’re heading into a shop for a quick errand. When you walk inside the store, you slip and fall on a puddle of water, sustaining injuries. You wonder if you are the victim of negligence. The accident lawyers in Brooklyn at Levitsky Law Firm explain personal injury negligence when it comes to winter-related accidents. 

Weather can be a factor in personal injury negligence 

It’s important to understand that winter weather can be a factor when it comes to personal injury negligence. Whether a person acts negligently is a question that takes the weather into account. For example, in the middle of the summer, it’s typically reasonable for a shop owner to leave a store entrance unattended without mopping all day. However, in the winter when customers track snow inside, the reasonable thing for the store owner to do is to make sure the entryway is clear of ice, snow, and water. 

A person must act reasonably considering the weather at the time 

Weather conditions can make a certain course of behavior more or less reasonable. For example, a driver should slow down if there are hazardous weather conditions. If they continue to drive at or above the speed limit when there is inclement weather, they may cause a car accident that could have been prevented. On the other hand, a victim has an obligation to take the weather into account, too. If there are ice and snow, for example, a patron should use extra care in an entrance to a store that might be slippery. 

How to determine negligence in winter accidents 

The Brooklyn personal injury law firm of the Levitsky Law Firm can help you determine if negligence happened in your winter-related accident. Their Brooklyn car accident attorney team and Brooklyn slip and fall attorney team can examine the facts in order to determine whether each party acted reasonably. Determining reasonable behavior depends on the facts, so they may assist you with building evidence and examining legal issues in order to prove your case.