Snowstorms can bring winter beauty to Connecticut, but they also create a heightened risk of slip-and-fall accidents, especially on icy sidewalks and parking lots.
How long a business or commercial property owner has to clear ice and snow in Connecticut is a critical question for anyone considering a personal injury claim after a winter weather slip-and-fall accident.
The “Reasonable Time” Standard in Connecticut
Connecticut law operates on a “reasonable time” standard. This means property owners, including businesses, have a reasonable amount of time after a snowstorm or ice event to clear their premises.
What constitutes “reasonable” isn’t a fixed number of hours, but instead depends on several factors, such as:
The severity of the storm: A light dusting might require quicker action than a major blizzard.
Time of day: A storm ending overnight might allow for more time before business hours.
The size and nature of the property: A large shopping mall parking lot might take longer to clear than a small storefront sidewalk.
Practicality of clearing efforts: Was it continuously snowing or freezing, making immediate clearing impractical or dangerous?
Essentially, the law expects property owners to take prudent steps to make their premises safe once it’s feasible to do so because they have a legal duty to maintain their property in a reasonably safe condition for visitors.
The “Ongoing Storm Doctrine”
Connecticut also recognizes the “ongoing storm doctrine.” This legal principle generally means that property owners are not required to continuously clear snow and ice during an ongoing storm. Their duty to clear typically arises after the storm has ended and they have had a reasonable opportunity to do so.
However, this doesn’t give them a free pass. If a property owner takes action to clear during a storm but does so negligently, creating a more dangerous condition, they could still be held liable.
And there are exceptions to a property owner using the Ongoing Storm Doctrine as a defense. Examples include:
- Pre-Existing Ice: If you slipped on ice that was left over from a storm last week, the ongoing storm defense may not apply.
- The Lull: If a snowstorm stopped for several hours before starting again, a business that’s open and welcoming visitors may have been required to treat the walkways during that window.
What About Residential Property Owners?
Owners of residential properties are also liable for injuries caused by slip-and-fall accidents if they don’t address snow and ice conditions in compliance with Connecticut laws – but owners of business and commercial properties can be held to stricter standards because they owe a higher duty of care to “invitees” (customers) who are there for business.
For example, while they are protected by the Ongoing Storm Doctrine, businesses may be expected to salt or sand high-traffic entrances even if snow is still falling.
Proving Negligence After a Slip and Fall
To successfully pursue a slip-and-fall claim Connecticut, you generally need to prove that the property owner was negligent. This involves demonstrating:
Duty of Care: The property owner owed you a duty of care to maintain a safe premises.
Breach: They breached that duty by failing to clear snow and ice within a reasonable time, or by clearing it negligently.
Causation: Their breach of duty directly caused your injuries.
Damages: You suffered actual damages as a result (medical bills, lost wages, pain and suffering, etc.).
Gathering evidence is crucial. This might include:
- Photos of the icy conditions
- Witness statements
- Weather reports for the days leading up to the fall
- Medical records detailing your injuries
What to Do If You’ve Had a Slip-and-Fall Accident
If you’ve been injured in a slip-and-fall on ice or snow in Connecticut, take these steps:
Seek Medical Attention: Your health is paramount. Get any necessary medical treatment immediately.
Document Everything: If possible and safe, take photos or videos of the scene, including the ice, snow, and surrounding area. Note the date, time, and specific location.
Get Witness Information: If anyone saw your fall, get their contact details.
Report the Incident: Inform the property owner or manager about your fall.
Do Not Give Recorded Statements: Do not provide a recorded statement to insurance companies without consulting with an attorney.
Contact an Experienced Personal Injury Lawyer: An experienced attorney can evaluate your case, help you understand your rights, and guide you through the legal process.
Don’t Wait – Time is of the Essence
Connecticut has a statute of limitations for personal injury claims, meaning there’s a limited timeframe in which you can file a lawsuit. The sooner you speak with an attorney, the better your chances of preserving evidence and building a strong case.
Contact Rome Clifford Katz & Koerner Today
If you’ve suffered a slip-and-fall injury due to a business’s failure to clear ice or snow in Connecticut, contact Rome Clifford Katz & Koerner for a free, no obligation consultation. Call us at 860-232-3000, or visit our website to learn more.
Our dedicated team of personal injury attorneys has a deep understanding of Connecticut’s premises liability laws and is committed to fighting for the compensation you deserve.
Your Connecticut Personal Injury Law Team
We serve clients across Connecticut in all types of injury cases – including car, truck, and motorcycle accidents, other slip-and-fall accidents, injuries caused by unsafe property conditions, construction and workplace accidents, product liability matters, fatal accidents, and medical malpractice.
The firm holds a Tier 1 rating for Personal Injury from Best Law Firms® and injury team Partners Alan Rome and Chris Sica, along with Attorney Joe Serrantino, are honored as Connecticut Super Lawyers for their injury case work.
Anyone seeking a free, no obligation consultation about an injury case may call us at 860-232-3000, or email Attorney Rome at arome@rckklaw.com, Attorney Sica at csica@rckklaw.com, or injury team Partner Steve Katz at skatz@rckklaw.com.
About RCKK Law
Rome, Clifford Katz & Koerner is a Hartford-based law firm whose attorneys collectively have nearly 100 years of experience in a wide variety of legal areas. Whether you are dealing with a motor vehicle accident, a Workers’ Compensation injury, or a Family Law matter, our skilled lawyers will aggressively advocate on your behalf. We represent individuals and businesses in Connecticut and throughout the New England states.