Delaware winters bring a recurring problem — ice on sidewalks, snow in parking lots, slush at entryways. Falls in these conditions are common and often serious, especially for older adults. The legal analysis is more nuanced than “you fell, they pay.”
The Detailed Answer
Delaware courts have developed specific principles for ice and snow cases that depart from the typical premises liability analysis.
The Storm-in-Progress Rule
Many jurisdictions, including Delaware in many circumstances, recognize a rule that property owners are not generally required to clear ice and snow during an active storm. The duty typically arises after the storm has ended and a reasonable time has passed for clearing. The application is fact-specific and depends on the timing of the fall relative to the storm.
Business Property Duties
Commercial property owners and operators generally have stronger duties than residential homeowners. Stores, restaurants, offices, and apartment complexes typically must implement reasonable snow and ice removal practices, including timely clearing of walkways, application of salt or sand, and warnings of remaining hazards.
Unnatural Accumulations
Even where natural accumulations may not give rise to liability, unnatural accumulations often do. Examples include ice formed by water dripping from a defective gutter, runoff that refreezes from improper drainage, or snow piled by plowing operations that creates new hazards.
Apartment and Common-Area Cases
Landlords have specific duties for common areas — sidewalks, parking lots, stairs — under Delaware’s Landlord-Tenant Code at 25 Del. C.. Failures to address known ice and snow hazards in common areas can give rise to tenant or visitor claims.
Documentation
Ice and snow cases benefit enormously from documentation taken at the scene — photos of the hazard, the surrounding area, the weather conditions, and any sand or salt that was or was not present. Weather records can later corroborate when the storm ended.
What This Means for Your Case
If you fell on ice or snow at a Delaware business or apartment complex, the key questions are when the storm ended, what the owner did or did not do in the meantime, and whether there is any unnatural-accumulation evidence. Delaware’s two-year statute of limitations under 10 Del. C. § 8119 applies, and modified comparative negligence at 10 Del. C. § 8132 may affect recovery.
Related Questions
Q: What if I fell on a public sidewalk?
Liability for public sidewalks depends on the local ordinance and which entity controls the area. Some municipalities place duties on adjacent property owners.
Q: What if the storm was unusual?
Unusual storms — like the rare freezing-rain events that hit Delaware — affect the reasonableness analysis. The owner’s duty is to act reasonably in the circumstances, not to clear instantly.
Q: What about falls at a rental house in winter?
Tenants and visitors at rental properties may have claims against landlords for failure to maintain common areas in winter, particularly under Delaware’s Landlord-Tenant Code at 25 Del. C.
When to Talk to a Delaware Premises Liability Lawyer
Ice and snow cases reward early documentation and weather-record analysis. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware premises liability claims and worked ten years as an insurance claims adjuster before joining the Bar in 1998. Read about Joseph, our slip and fall practice, and related questions like slip and fall basics and landlord liability.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.