Are Property Owners in Texas Liable for Failure to Clear Ice or Snow?

While Texas is not particularly known to have great amounts of ice and snow in the winter, we get enough to cause problems. Snow has already been recorded in Alvin this year. And ice, which can be much more dangerous, is frequent. When Arctic air meets moisture from the Gulf, our area often gets sleet and freezing rain. Black ice may form on roads and sidewalks as temperatures drop at night.

It’s easy for someone walking to slip and fall or for a vehicle to slide and cause a collision. And there are a lot of stories going around about who’s at fault in these situations. Some people say property owners have an obligation to keep their premises clear of ice and snow. Others say there’s no such obligation, but that if the owner tries to clear the accumulation and doesn’t do a good job, then the owner is liable if someone gets hurt.

So, what’s the real story? Are property owners liable if they don’t clear ice and snow? With questions like this, the answer always depends on the specifics of the situation, so it’s not possible to give a definitive answer that applies in every case. If you were injured in a fall, we invite you to contact our team for a free consultation to review the circumstances of your case. But for general background purposes, here’s a broad overview of the liability for injuries caused by snow and ice.

Why it Matters: Falls Often Result in Surprisingly Serious Injuries

A slip and fall scene was a standard part of comedy routines at one time, and now falls are frequently played over and over for laughs on social media. They are often quite funny to look at. But what we don’t see in the videos is the pain and debilitating injuries that often result from slip and fall situations. 

While we know that people are seriously hurt and killed from falls, we tend to think of those falls as occurring from a great height or in a dangerous work situation. But the fact is that even an ordinary individual falling a short distance from a standing position to the ground can suffer life-changing injuries.

So, if a property owner is liable because they failed to clear ice or snow and that ice or snow caused someone to slip and fall, it is important. It can enable the injured person to recover compensation through the property owner’s insurance. A personal injury lawyer could help the victim of a fall obtain damages to cover their medical bills, lost wages, pain, suffering, and future needs. Property owners have certain obligations to prevent injuries on their property, and if this is one of them, they need to know it and take appropriate steps to protect others’ health.

Premises Liability in Texas

The theory of premises liability makes property owners liable for injuries that occur on their property only when certain conditions are satisfied:

• The owner of the property had to know about a condition
• The condition had to have posed an unreasonable risk of causing harm
• The owner must have failed to take reasonable steps to eliminate the problem or reduce the risk (such as by putting up a barricade)
• The owner’s failure to take reasonable steps must have directly led to the injuries

The property owner’s knowledge of the condition is a complicated and contentious issue in premises liability cases. In situations where the person injured was “invited” onto the property for the owner’s economic benefit, such as a customer in a store, the owner can be liable if they should have known of the condition, even if they were unaware of it. This is known as “constructive knowledge.” Property owners have a duty to make reasonable inspections to protect the safety of those they invite onto the property.

So, in a case where someone is injured by ice or snow, one key question is whether the owner knew, or should have known, about the ice or snow. The Texas Supreme Court ruled not long ago that the property owner must know of the specific dangerous condition, not just the circumstances that could lead to one. In that case, there was evidence that a store employee knew about a leak, but no persuasive evidence that the employee or anyone connected with the store knew the leak had caused a puddle on the floor where people were walking, which was the danger. For that reason, the store owner was not found liable for injuries sustained by someone who fell on the floor.

Liability for Slips on Water and Ice

Courts delve into the specific details of a situation before determining whether a property owner is liable for injuries caused by a dangerous condition on the property. Texas courts have held that ice or water on the floor can constitute a dangerous condition, but the property owner must have knowledge of its presence on the floor, not merely that there is a leak somewhere that could lead to ice or water on the floor.

If ice on a sidewalk or parking lot resulted from a spill or drip, and the property owner knew the spill or drip created an icy condition and did nothing to protect people from getting hurt, the owner might be liable for injuries caused by the ice or other slippery substances.

When ice or snow is on the ground due to naturally occurring conditions, such as freezing rain, under Texas common law, this naturally occurring ice is generally not considered an unreasonably dangerous condition, and the property owner does not have an obligation to take special steps to protect people from slipping on it.

However, it is important to be aware that local regulations may require clearing ice or snow, and failure to comply can result in liability for property owners. It is important to understand all the circumstances that may affect a legal situation before determining whether a property owner may be liable for injuries from a fall on ice or snow.

If You’ve Been Hurt in a Fall, Contact Us to Learn Whether You May Be Eligible for Compensation

Premises liability is a complex issue, and insurance companies can make it very difficult for injured individuals to recover the compensation they need to cover medical expenses, lost wages, pain, and other losses. It is important to collect every bit of evidence as early as possible, and this is one task where an attorney’s assistance can make all the difference.

If you or a loved one were injured after falling on ice or anything else that could have been negligently left in a dangerous position, we invite you to contact DeKeyzer Law to schedule a free case evaluation. To get started, just call us at 713-904-4004 or reach out to us online now.