Winter can be a treacherous time for business or property owners in Ohio. With each snowfall and freeze, the potential for slip and fall accidents rises. Understanding the nuances of liability in these slippery situations is crucial for both business and premises owners and patrons alike.
Natural vs. Unnatural: A Delicate Balance
At the heart of slip and fall law lies a fundamental distinction: natural versus unnatural accumulations of ice and snow. Natural accumulations, such as those caused by a simple snowfall or freezing rain, generally don’t give rise to liability. Property owners aren’t expected to be perfect snowplow operators or ice removal magicians, but they are expected to be attentive to their lots, walkways, and entrance(s).
The situation changes when we move into the realm of unnatural accumulations. These are conditions created or exacerbated by human intervention, such as improperly cleared walkways, faulty drainage systems, or excessive snow piles. If a business or property owner’s actions, or inactions, contribute to an unnatural hazard, they may be held liable for injuries that result.
The Burden of Proof: A Slippery Slope
A patron or customer injured on business premises resulting from winter weather related slip and fall must typically prove the following:
- Unnatural Accumulation: The plaintiff must demonstrate that the icy or snowy condition was not simply a result of natural weather patterns.
- Negligence: The property owner’s negligence, either through a failure to act or an affirmative act, must be established.
- Open and Obvious Doctrine: The hazard must not have been so obvious that a reasonable person would have noticed and avoided it.
The Open and Obvious Defense: A Common Shield
Property owners often rely on the “open and obvious” doctrine to shield themselves from liability. If a hazard is plainly visible for which a reasonable person should have perceived or avoided the alleged hazard, the law in Ohio can relieve business owners of liability or responsibility. However, this defense is not always straightforward. Factors such as the severity of the hazard, the level of visibility, and the reasonable expectations of the patron or customer may influence the outcome.
Exceptions to the Rule: When Liability Takes Hold
While the general rule favors property owners, there are exceptions. In certain circumstances, even natural accumulations can give rise to liability. For instance, if a business or property owner’s actions, such as inadequately clearing snow or failing to maintain drainage systems, exacerbate a natural hazard, they may be held accountable.
Practical Tips for Property Owners
To mitigate the risk of slip and fall liability, businesses and property owners should consider the following:
- Regular Inspections: Conduct routine inspections of property, especially during winter months.
- Effective Snow and Ice Removal: Implement a comprehensive snow and ice removal plan, including timely clearing of walkways, parking lots, and entrances.
- Proper Drainage: Ensure that drainage systems are functioning correctly to prevent water accumulation from melting snow and/or ice formation.
- Adequate Lighting: Provide sufficient lighting in areas where patrons and customers generally park, walk or enter your business, especially those areas prone to ice and snow.
- Warning Signs: Use clear and visible signage to warn visitors of potential hazards.
- Documentation: Keep detailed records of snow and ice removal efforts, inspections, and any accidents or incidents.
Final Thoughts
Slip and fall liability in Ohio is a complex and often unpredictable terrain. While property owners generally enjoy significant protections, the specific circumstances of these incidents can alter the outcome. For clients living in or operating a business in Ohio, winter weather conditions can create a frosty reality if overlooked.