Winter in British Columbia is known for being snowy and cold. While those conditions are ideal for winter activities, they also bring a host of hazards that can lead to serious accidents. Slipping on ice and snow is particularly common during the winter months and can result in mild to severe injuries. When accidents occur due to dangerous premises, the consequences can be devastating for victims. Residential and commercial property owners have a legal obligation to maintain safe premises, including mitigating potential risks caused by winter weather hazards. If you suffered an injury after slipping in snow or ice, you may be entitled to pursue compensation for damages.
Common Causes of Winter Slips, Trips, and Falls
Winter conditions can turn everyday environments into treacherous landscapes. While snow and ice are inevitable during winter, failing to deal with these conditions can create an unsafe premise. Some of the most common causes of accidents include:
Snow and Ice Accumulation
Snow and ice build up on walkways, outdoor stairs, driveways, and parking lots. Snow cover hides icy patches underneath, making it easy for someone to slip and fall if property owners fail to manage the accumulation appropriately.
Wet Floors
Individuals can track snow and ice inside buildings, leading to wet floors. If residual water isn’t mopped up or marked appropriately, individuals may slip and fall.
Inadequate Lighting
Daylight is limited during winter months. If lighting is poor, it becomes difficult to see potential hazards. Dimly lit areas may increase the risk of tripping and falling over uneven or slippery surfaces.
Negligent Maintenance
Property owners have a duty to maintain their premises. Unfortunately, some fail to address known dangers. Neglecting to shovel or plow snow, salt icy spots, and repair broken steps or railings can result in injuries for inhabitants and visitors.
Types of Injuries Caused By Winter Falls
Injuries from winter slips, trips, and falls can range from minor to life-threatening and may come with long-term implications for the victim’s health and well-being. Some of the most common injuries include:
Fractures and Broken Bones
Falling on hard surfaces like driveways, sidewalks, stairs, and parking lots often results in fractures, particularly in the arms, legs, and wrists. Depending on the severity, injuries from slipping in snow or ice may require surgery, rehabilitation, and a long recovery time.
Head Injuries
Depending on how a fall occurs, victims can hit their heads hard, causing concussions or traumatic brain injuries (TBIs). Head injuries in particular can have long-lasting effects on cognitive function, memory, and overall quality of life.
Soft Tissue Injuries
Torn ligaments, muscle strains, and sprains can be extremely painful and may require physical therapy. In many cases, the severity of these injuries may not be immediately apparent. However, they can cause chronic pain and limited mobility.
Back and Spinal Injuries
When feet slip out from underneath someone, it’s easy for falls to result in back and spinal injuries. Herniated discs and spinal fractures may leave victims with chronic pain, limited movement, or even permanent disability.
Legal Considerations for Winter Falls
When an individual is injured due to a slip, trip, or fall on dangerous premises, understanding the legal landscape is crucial. Victims will need to work with a lawyer to understand:
Property Owner’s Duty of Care
In BC, property owners have a legal obligation, called duty of care, to reasonably maintain their premises and provide safe conditions for occupants. This means property owners should be taking sensible steps to remove or manage risks like snow.
Proving Negligence
To succeed in a personal injury claim, the victim must prove that the property owner was negligent in maintaining their premises. This often involves gathering evidence, photos or videos of the hazardous conditions, maintenance records, history of alerting property owners to issues, and witness statements.
Statute of Limitations
Victims pursuing personal injury claims against negligent property owners only have two years from the date of the incident to start legal action to enforce their claim.
Winter Weather Slip and Fall Prevention
Prevention is key to avoiding accidents during the winter months. For property owners, that means making a plan to regularly manage snow, use salt or sand to improve traction over ice, install adequate lighting, and keep up repairs. Occupants can also adhere to winter slip and fall safety tips in an effort to avoid possible dangers. Individuals should choose footwear with good traction, take small and deliberate steps slowly across surfaces, and stay alert.