As the temperature drops, the likelihood of snow and ice increases. For property owners, it's time to fulfill their legal duties of keeping their premises safe or run the risk of a “slip and fall” claim against them.

Slip and Fall Claims
A slip and fall claim is exactly what it sounds like—someone who has been injured by falling on another's property sues the owner for damages. Slip and fall cases are the most common type of “premises liability” lawsuits.
In Virginia, landowners have a duty to use care and diligence to maintain their property in a safe condition for visitors, and to warn them if dangerous conditions, including snow and ice, exist. This includes clearing snow and ice from sidewalks, parking lots, and other areas accessible to the public within a “reasonable time” after a storm has ended.
Note that some local ordinances permit homeowners to be fined for not removing snow and ice from sidewalks. In some areas, homeowners are also responsible for clearing sidewalks adjacent to their property.
Affirmative Defenses
However, property owners are not automatically liable for injuries someone sustains on their premises. The case outcome can depend on several factors, including the location of the fall, how dangerous the condition was, and whether the property owner knew how dangerous the condition was.
Additionally, a property owner may raise an affirmative defense, such as contributory negligence and assumption of the risk. These defenses provide that even if a landowner breached their duty to clear snow or ice, an injured person may not be entitled to damages if they were not acting as a reasonable person would when they got hurt.
Ackerman & Falcon Can Help
Slip and fall cases can be complicated. If you've been injured on someone else's property, we can help. We are an experienced Virginia personal injury firm, and if you're involved in a premises liability case, we can help you get the compensation you deserve. Call us today at 703-288-1400 for a free consultation, or contact us online.
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