Winter is here, which means that we all have to be careful to avoid ice and snow on parking lots. However, black ice is not always visible on parking lots and sidewalks, and is thus not easy to avoid. Property owners should take reasonable steps to remove and prevent black ice. Unfortunately, they do not always do so.
Partner Allan M. Siegel was able to resolve two cases involving situations in which our clients fell on black ice. One client fell in a parking lot, and one on a sidewalk. In both situations, the property owner had removed snow from the premises, and piled it up on the grass next
to the pavement. When the weather warmed during the day the piled snow melted. But when it got colder at night, the snow that had melted refroze on the pavement, causing a very dangerous condition. In both cases, our clients slipped and fell on this invisible ice. Both clients suffered serious fractures to bones in their legs, which required surgery. Unfortunately, one of the clients is going to require a total ankle replacement as a result of the initial fracture, at a very young age. After extensive litigation, both cases settled at mediation, one for $500,000, and one for $135,000. If you are injured as a result of a fall on the ice this winter, you should call us to learn your rights.