Negligent Snow Removal Contractors

James Sabatini

Contributor

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With the snow, sleet and ice falling, there will undoubtedly be slippery areas on driveways, walkways, sidewalks and parking lots over the next few days. Property owners and tenants have a duty following a storm to remove accumulations of snow and ice so that the property is reasonably safe. If the snow and ice is not properly removed and someone falls causing injury, the property owner or tenant is liable for the injuries and losses suffered. In many instances, a person that is an employee at a store or business falls on snow and ice in the employer's parking lot or walkway. Typically, the injured employee assumes that he or she only has a workers' compensation claim because the fall took place on the employer's property and it happened during the course of his or her employment. This is not the case. If the employer used a snow removal contractor, the contractor would be liable for injuries caused by the contractor's negligence in faling to properly remove the snow and ice. Therefore, if you slip and fall on snow or ice at your job, you may have two claims: 1) a workers' compensation claim; and 2) a negligence claim against the snow removal contractor. This is important because in the negligence claim you can recover compensation for pain and suffering, mental anguish and the loss of the enjoyment of life's activities. These items of damages are not compensable through workers' compensation.