How do you know if someone is responsible if you slip or fall on snow and ice?  The question is – or the answer is that it depends.

Let’s say, for example, that you're walking in front of a building and there's snow or ice in front of that on the sidewalk and then you slip and fall.  Well, there's a couple of questions that you’ve got to ask.  

Does a business have a responsibility to shovel or cleanup the snow or ice or use salt to melt the snow or ice?  Or does the city or municipality have a responsibility to take care of the snow or ice?  

If the city has a responsibility to take care of snow or ice, then you may have a claim or lawsuit against the city.  If the business owner has the responsibility to take care of the snow or ice, then you may have a claim against the business owner and the business owner’s insurance policy.

There was a case where there was ice outside a pizza store, right outside the door that you walk in and out to go into the store.  And there was ice that a person slipped on the ice.  The business owner for the pizza store said, “Well, it’s obvious the person should have seen it, and, therefore, we’re not responsible.”

Well, when the client walked out of the pizza store, they were carrying a pizza.  And, by carrying a pizza, they weren't able to see the ice, they, therefore, then slipped and fell on the ice.  So, in that case, the business owner finally agreed and took responsibility that they should have put salt down to take care of the ice.

The answer for snow or ice questions like this is not the same.  It depends on different facts and circumstances in every case.  So the short answer is that it depends, but the investigation can be done, witnesses can be talked to and an investigation can be found out to determine whether or not we believe that the business owner was at fault.