SLIP FALL LAWYER SUES CITY FOR PLOWING SNOW INTO DRIVEWAY.
You hired a slip and fall lawyer. You fell while you were walking. There was a snow pile in a driveway sidewalk. The snow pile caused you to slip. The snow had been plowed onto the driveway by the city. Can your slip and fall lawyer get you compensation for your injuries from the city?
Believe it or not, the answer is probably not. Under long-standing law, municipalities are generally not responsible for injuries caused by their snow removal activities. The law views the benefits of snow removal as more important than allowing compensation to injured victims.
However, there is an exception to this rule. A just-decided court case discusses the exception. You might recover compensation if you qualify under the exception.
Basically, you would have to prove that the snow removal activities that injured you caused hazardous conditions different than you would normally expect from a snowstorm. You would also have to prove that the municipality acted in a “palpably unreasonable” manner.
Courts have defined “palpably unreasonable” to mean actions that are “patently unacceptable under any given circumstance,” such that “no prudent person would approve.”
In the court case in question, the trial judge did not even allow the victim to have a trial. The victim appealed. Unfortunately, for her, the appeals court agreed with the trial judge. The appeals panel ruled that no reasonable jury could find that plowing snow into a driveway created a different hazardous condition than you would normally expect from a snowstorm.
If You Fall on Snow
If you ever slip and injure yourself on snow or ice, consult a slip and fall lawyer. You should not assume that you are not entitled to compensation. Even if city snow removal caused the accident. The exception discussed above may apply. There may be other exceptions that apply. There also may be other responsible parties. Private parties do not receive the benefit of government immunity laws.
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