The School Gets an ‘F’

Q: In the dead of winter, on a walkway located at the middle school I attended, I slipped and fell on a patch of ice.  On the walkway, there were other patches of ice, and I did not see any salt and sand mixture, on the ground, immediately after I fell.  One of the custodians says that an hour and a half earlier, he inspected the walkway and saw a mixture of salt and sand on it, but did not see any ice.

The Fire Department responded to the scene of my accident.  They saw the slippery conditions on the walkway and, as a result, used the grass adjacent to the walkway, rather than the actual walkway, in order to remove me to the awaiting ambulance.  One of the crew members says that he saw ice everywhere on the walkway, including where I was found.  He does not recall seeing any salt or sand.

A: A real property owner or a party in possession or control of real property will be held liable for a slip-and-fall accident involving snow and ice on its property only when it created the dangerous condition which caused the accident or had actual or constructive notice thereof.

To the extent that the evidence may be somewhat contradictory, that does not defeat your case.  It merely whets your lawyer’s appetite.  It sounds to me like you have an excellent case that the ice had existed long enough for the school district to apply sufficient salt or sand, so that the district had notice, and yet failed to remedy the hazard.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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