We often get asked if a customer can file a lawsuit against a business if an employee slips and falls on snow or ice. This is a rather common occurrence in the Cowboy State. It is not surprising that awful things happen at businesses and homes in Wyoming during the winter because of the state’s harsh climate conditions. It also implies that people can and will get hurt, perhaps severely, through no fault of their own. Consider discussing your case with an expert teton atttorney.
Suits Related to Falling on Snow or Ice
Whether or not you can file a claim or lawsuit after slipping on ice or snow in Wyoming is, however, not always clear. There is the rule of law in Wyoming known as the “Natural Accumulation Rule.” The Natural Accumulation Rule states, in its simplest form, that a person who is injured while walking on snow or ice that has accumulated naturally in a given location is responsible for his or her own injuries because the injured party should have known the risk of walking on snow or ice in Wyoming and should have taken precautions to avoid them.
State Laws Regarding Responsibility When Snow or Ice Causes Damage to Your Property
We adhere strictly to the Natural Accumulation Rule. There are a number of unjust outcomes that might result from this, the most significant of which is that a badly injured person has no way of recovering compensation for their losses after an accident. That occurs whether or not the owner of the land does anything to address a hazardous situation there.
Even though the rule has far-reaching and serious repercussions, there are several exemptions to the rule’s effects. For instance, if the injured party can show that the snow or ice that caused their accident was not a natural accumulation but rather an accumulation that occurred because someone channeled the snow or ice to a specific location (such as a downspout or a channel placed in the dirt or concrete), as a result, the injured party could argue that the property owner failed to secure the property negligently.
Even if you overcome the obstacle posed by the natural accumulation rule, the property owner can claim that your negligence contributed to or caused your injury.
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