Let's face it, the days are getting shorter and the nights are cooling down.
Shortly after the leaves fall, blankets of snow and sheets of ice will creep across the northern hemisphere once more. Which means roads and walkways will no longer be dry, sun-basked paths. Without plenty of shoveling and buckets of salt, walkways will soon become slippery injury-traps ripe for lawsuits.
From the perspective of municipalities and businesses, this potentially means defending against slip and fall lawsuits. The cause of action will likely be the tort of negligence. The plaintiff will claim that the government or business had a duty to keep the walkway clear of hazards like ice, that the entity breached that duty, that the breach of that duty caused them to injure themselves, and that as a result, the plaintiff has a damages claim. See Gonzalez v. Russell Sorensen Const., 2012 UT App 154, 279 P.3d 422. If you are a Utah municipality or business, you should take these claims seriously and consult attorneys at the first sign of trouble.
However, this does go both ways. If you are an individual who slips and falls as a result of the negligence of another, we are here to help. Our personal injury practice is polished and precise.
So stay safe this coming winter. And when litigation is looming, give us a call.