A winter storm that dropped nearly 10 inches of snow left roads, sidewalks, and parking lots across the area covered in dangerous conditions. But hazardous weather does not eliminate a property owner’s responsibility to take reasonable steps to protect their customers and visitors.

In this case, our client suffered a fractured patella after slipping and falling at a gas station during the storm. The property owner claimed it had done everything necessary to address the snow and ice accumulation and argued that the conditions were unavoidable.

The evidence told a different story.

Through litigation and cross-examination, we carefully examined the defendants’ own weather records and maintenance claims. Those records revealed a significant gap between what the gas station said it had done to make the property safe and what the actual conditions on the ground showed. Despite the ongoing snowfall, the evidence demonstrated that reasonable measures had not been taken to reduce the danger to customers entering the property.

Premises liability cases involving active winter storms are often heavily contested. Property owners and insurance companies frequently argue that hazardous conditions are unavoidable or that they had no reasonable opportunity to respond. Successfully overcoming those defenses requires detailed investigation, strategic case preparation and a clear understanding of the evidence.

The result was a $300,000 settlement for our client, a significant recovery given the circumstances surrounding the active weather event.

Property owners have a duty to maintain reasonably safe premises for the people who enter their property. When that duty is ignored and serious injuries occur, accountability matters.

If you or a loved one has been injured because of dangerous conditions on someone else’s property, contact Moss & Colella, P.C. to learn how we can help.