What About Excessive Weather Conditions? Can a Legal Case be made in Excessive Weather Conditions for a Slip and Fall Accident/Case?

California law has made the following clear:  when the area where you slipped or tripped and fell is part of the property owner/possessor's premises (land or property), and he or she failed to take appropriate precautions or correct a problem that led to the accident, the owner/possessor will usually be legally responsible for your injuries. What follows are some examples of common conditions that lead to slip and fall accidents outdoors, and the rules regarding a property owner's duties with respect to those conditions.

Excessive Ice or Snow Outside a Building or Business

Generally, California law doesn't require a property owner/possessor to remove ice or snow that accumulates outside his or her building as the result of recent bad or snowy weather. However, if conditions on the property cause an unnatural accumulation of ice or snow, something beyond "what would be normally expected by the reasonable person," then the property owner may be liable for slip and fall accidents in California, such as when:

  • Ice accumulates on the roof, then melts and drips off because of a clogged drain, then refreezes on the ground;
  • The slopping surface of a parking lot causes melting ice to form puddles, and then refreeze into ice patches.

In addition, if a property owner/possessor elects to provide snow or ice removal, he must not do so negligently.

Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights.  It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.