Suing for Black Ice and Snow Slip and Falls on Commercial Properties in Minnesota
In Minnesota, the 'Storm in Progress' doctrine gives commercial property owners a reasonable amount of time to clear snow and ice after a weather event ends. If you fall due to negligence, you can pursue compensation.
Minnesota winters are notoriously brutal, bringing relentless snowstorms, freezing rain, and dangerous black ice. Whether you are walking into a grocery store in Minneapolis, crossing a parking lot in St. Paul, or navigating a shopping center in Rochester, slip and fall accidents are unfortunately common. When these falls happen on commercial properties, the resulting injuries-such as broken hips, concussions, or spinal damage-can be life-altering. If you have been injured on a commercial property, reaching out to a local attorney through our US Lawyers Directory can help you understand your options for holding the negligent business accountable.
The 'Storm in Progress' Doctrine in Minnesota
One of the most critical legal concepts in Minnesota winter slip and fall cases is the 'Storm in Progress' doctrine. Established by long-standing legal principles and reinforced in cases like Mattson v. St. Luke's Hospital of St. Paul, 252 Minn. 230 (MN Supreme Court 1958), this rule states that property owners are not legally required to clear snow and ice while a storm is actively occurring. The law recognizes that it is unreasonable to expect a business owner to keep sidewalks perfectly clear during a raging blizzard. Instead, business owners are granted a 'reasonable time' after the precipitation stops to remove the hazards. If you fall while it is actively snowing, your claim may be denied. However, if the storm ended yesterday and the ice is still present, the property owner may be held liable for your injuries.
Accidents in Big Box Retailer Parking Lots
Massive parking lots at big box retailers like Target, Walmart, or Menards are common sites for winter accidents. These massive properties require extensive snow management. Often, snow is plowed into large piles at the edges of the lot. During the day, the sun melts the snow, and the runoff flows across the pedestrian walkways. When temperatures drop at night, this water freezes into near-invisible black ice. If a store manager knew-or reasonably should have known-about this freeze-thaw cycle and failed to apply salt or sand, they can be found negligent. Your lawyer will likely seek maintenance logs and security footage to prove the store ignored the hazard.
Injuries on Icy Unsalted Sidewalks
Commercial property owners have a legal duty to maintain safe walkways for their customers. This includes applying de-icing agents like salt or sand to prevent slick surfaces. When businesses fail to salt their entryways or let a downspout drain directly onto a public walking path, they create an unnatural and highly dangerous condition. If you slip on an unsalted walkway, documenting the scene is crucial. Take immediate photographs of the ice, note the lack of salt, and report the incident to the store manager so an official report is created.
Suing Third-Party Snow Removal Contractors vs. Property Owners
In many cases, the commercial property owner does not plow their own lot. They hire third-party snow removal contractors. If you slip and fall, determining liability can become a complex web of contracts. Sometimes, the property owner is liable for failing to call the contractor. Other times, the snowplow company is liable for doing a sloppy job, such as pushing snow into a designated walkway or failing to apply contracted salt. A skilled premises liability lawyer will often file a claim against both the property owner and the snow removal company, forcing their insurance carriers to fight over who is ultimately responsible for paying your medical bills.
The 51% Modified Comparative Fault Rule
Insurance companies love to blame the victim in slip and fall cases. They may argue that you were running, looking at your phone, or wearing inappropriate footwear for winter weather. In Minnesota, this is governed by the state's modified comparative fault rule under Minn. Stat. § 604.01. This statute dictates that you can only recover damages if your share of the blame is 50% or less. If a jury finds you were 20% at fault for wearing smooth-soled dress shoes on an icy day, your financial award will be reduced by 20%. However, if you are found to be 51% or more at fault, you are entirely barred from recovering any money. This makes having strong evidence and legal representation essential to minimizing your assigned fault.
Frequently Asked Questions (FAQ)
How long do I have to file a slip and fall lawsuit in Minnesota?
In Minnesota, the general statute of limitations for personal injury cases, including slip and falls, is typically six years from the date of the accident. However, it is best to act immediately so evidence does not disappear.
What should I do immediately after falling on ice at a store?
Seek medical attention first. If you are able, take photos of the ice, get contact information from witnesses, and ensure a manager files a formal incident report before you leave the property.
Can I sue if there was a 'Caution Wet Floor' sign?
Yes, it is possible. A warning sign does not give a business a free pass to leave a dangerous hazard indefinitely. The court will look at whether the sign was highly visible and if the owner took reasonable steps to actually remove the ice.
Will the store's insurance pay my medical bills right away?
Many commercial properties carry 'MedPay' coverage, which may pay a small amount of initial medical bills regardless of fault. However, for larger bills, pain, and suffering, you will likely need to prove negligence through a formal claim or lawsuit.
No reviews yet. Be the first to share your experience!