Winter Slip-and-Fall Incidents: Steps You Need to Take

 

Winter Slip-and-Fall Incidents: Steps You Need to Take

Winter brings its own set of hazards, and slippery sidewalks or parking lots are high on that list. Snow and ice aren’t just nuisances—they can cause serious injuries. If you slip and fall, it’s easy to feel overwhelmed physically and emotionally. Like with any accident, what happens next matters, and quick action can make a huge difference. Here’s what to do.

Take Immediate Action After a Fall

• Prioritize Safety and Health – The first thing to do after a slip-and-fall is to make sure you’re safe. If you’re hurt, seek medical attention immediately. Don’t shrug it off; even minor injuries can worsen over time. Having a record of your injuries from a doctor is essential if you pursue a claim.
• Notify Someone in Charge – If your fall happens on a business property, let the management or owner know right away. However, be cautious with your words—stick to the facts. Avoid making speculative statements like “I wasn’t paying attention,” which could be used against you later.

• Act Quickly to Secure Video Footage – Many businesses have security cameras, but most systems overwrite footage automatically—sometimes within days. You or your attorney should send a formal request to preserve video evidence. Ideally, this request should cover footage from before, during, and after the incident.
• Collect Evidence – If you’re able, document the scene right away. Take pictures of the icy patch, uneven pavement, or any other hazard that caused your fall. Weather conditions can change rapidly, and snow or ice might be cleared before you have a chance to return. If others witnessed your fall, ask for their contact information.
• Interrupt Automatic Deletion Processes – If you have electronic evidence, like a photo or video on your phone, make sure it’s backed up. Businesses may have automatic processes that delete logs, emails, or videos. Once the business is notified of a potential claim, they are obligated to preserve this evidence.

Preemptive Liability

Wisconsin’s “safe place law” holds property owners to a higher standard of care than most states. It requires them to actively ensure their premises are safe rather than simply reacting after a hazard is reported. This higher duty of care means property owners can be liable if snow, ice, or other hazards cause a fall. This is especially true if the hazard was present long enough to be addressed or if the way they conduct business creates foreseeable risks. Establishing how long a hazard existed really is crucial in a slip-and-fall case.

In some cases, a business’s operations inherently create risks, such as product displays prone to tipping or spilling. These situations fall under the concept of “deemed notice,” meaning the business is presumed to know about the hazard. Under this standard, they’re expected to take proactive steps to prevent accidents before they happen.

Stay Organized and Follow Up

From the moment of your fall, document everything. Note the time, location, weather conditions, and any interactions you have with property managers or witnesses. Keep track of medical appointments, expenses, and communication with any involved parties.

Don’t assume that notifying the property owner once is enough. Confirm that they received your request to preserve evidence and follow up in writing to create a paper trail.

Protect Your Interests with Professional Help

A slip-and-fall injury can turn into a complicated process before you even realize you’re hurt. Calling a lawyer right away ensures that someone is in your corner, helping you secure evidence and take the necessary steps to protect your rights. If you’ve been injured in a slip-and-fall, reach out to Dillon Grube Law at 608-373-5560 for representation you can count on.