While lawyers and judges are the ultimate legal experts, of course, I believe that every citizen should take the time to learn a little about law for several reasons. First, it is important to know your rights, and knowing them can come in handy if anyone ever accuses you of a crime you didn't commit or threatens you legally in another other way. Second, learning about your local, state, and federal laws can help you act as a better citizen. When election time comes around, you can then truly understand ever change in law being proposed by a candidate and whether it benefits society or not. I plan to share posts about law topics explained in plain English on my new blog, so you can come back often to sharpen your legal knowledge!
As the season changes from summer to fall, the temperature lowers. In some areas, this drop in temperature can fall low enough to cause freezing on certain surfaces, which is more commonly known as black ice. Black ice does not have to accompany a significant weather event, and worst of all, it is easy to miss. However, for victims who fall and injure themselves on these surfaces, it is an unforgettable event.
Right to Compensation
Not every person that falls on black ice has a right to file for compensation. Typically, the legal benchmark requires that the injury be the result of negligent action on another party's part.
For example, if a business failed to turn their irrigation system off when temperatures approached freezing, the sidewalk formed black ice, and a pedestrian slipped and fell on the area; their actions could be deemed negligent. Since assigning negligence is sometimes complex, it is best to have an attorney analyze the situation.
Again, black ice injuries can be significant and come with extensive medical treatment and care costs. For victims in this group, it is common to seek payment for these expenses. However, understand that slip-and-fall accidents can entitle a victim to more. Other economic-based damages, such as payment for missed time from work, may be added.
Additionally, non-economic-based damages, such as those based on a loss of consortium or gross negligence may also be factored in. Again, any person in this scenario should speak with an attorney to learn more about their options.
Time and Liability
In the event that you or a loved one becomes a victim of black ice, make sure you are prepared to act. Whether it is a broken hip or a head injury, it is easy for the injuries sustained from the fall to become a part of your life forever. However, liability is not something the negligent party will have forever.
All states have a statute of limitations that determines how long a victim has to file a personal injury claim. Even if it is clear that the actions of another party are to blame for your injuries, if you wait too late, your claim may be denied solely based on this technicality.
If you slip and fall on black ice, remember, it is critical that you receive appropriate medical care and speak with an attorney who can assist you in handling the matter the appropriate way. Reach out to a slip-and-fall accident attorney to find out more.