Who Could Be Liable For A Fall On Black Ice?

What is black ice? It is a thin, transparent coating on the ground, and it is slippery. It develops in shaded regions and places where the temperatures have dropped below freezing. It poses a great risk to senior citizens.

What happens if someone slips and falls on such a slippery spot?

If someone were to fall on a patch of black ice and get injured, then the property owner could probably be held liable for the injuries. Still, the property owner might claim that he or she did not know that a thin, transparent patch of ice had formed in the spot where the victim had suffered a fall. Personal Injury Lawyer in Waterloo knows that owners that make such an argument in court should expect to get certain questions from the judge.

• When did you learn about the black ice’s existence?
• Did you have sufficient time for removal of that icy patch, prior to the arrival of the victim?

The judge would study the defendant’s answers to those questions, and then determine the extent of the defendant’s liability. That is, assuming that the fall took place on private property, and not public property.

There are certain spots, where some members of the public could choose to walk, that are prone to development of black ice. One of those spots is a bridge over an underpass, or a local creek. In other words, someone walking across such a bridge during the winter could fail to see the transparent patch, and walk on it too quickly.

What can pedestrians do to reduce their chances for falling on an icy and black patch?

During the winter months, pedestrians should don sensible footwear. That usually means wearing a pair of boots. Of course, those should not be a pair of highly fashionable boots, the sort that come with heels.

When crossing any area that is in the shade, or one that is located on a bridge’s surface, the pedestrian should take short steps. Furthermore, those short steps should be made slowly, not while the pedestrian is walking at a fast pace.

Of course, it can be difficult to predict black ice’s existence. Hence, even someone with the proper gear could end up falling on the hard-to-locate and slippery surface. That is why personal injury lawyers urge their clients to take one further precaution.

That precaution does not concern an item of gear, but relates to a helpful device. That device is a cell phone. Pedestrians should obtain and carry a cell phone, especially during the winter. Of course, smart pedestrians should not try using that cell phone, while they are walking in an area that receives a good deal of traffic. That would be like walking fast on black ice.