One minute you were running errands. The next, you were on the ground — hurt, embarrassed, maybe even headed to the ER. And now, instead of focusing on healing, you’re stuck wondering who’s responsible, how you’ll cover the bills, and whether you even have a case. You’re naturally wondering, “can you sue for slipping on ice?” Yes, you can sue for slipping on ice if a store or property owner failed to keep their walkways, sidewalks, or parking lots safe.
Every winter, people across Colorado fall victim to slip and fall accidents caused by untreated ice in store parking lots, on sidewalks, or near entryways. And while some may brush it off as “just bad luck,” the truth is: you have a legal right to hold the store accountable and pursue damages. After all, slip and fall accidents are some of the leading injury-related deaths in America. So when it comes to slip and fall accident cases, they shouldn’t be taken lightly.
Let’s talk about when a business is responsible, how to prove negligence, and what to do next.
Who’s Responsible for an Ice-Related Slip and Fall?
In Colorado and other cold-weather states, store owners and commercial property managers have a legal duty to maintain reasonably safe premises. This is called “premises liability”. This includes snow and ice removal from sidewalks, entryways, and parking lots. Failing to do so can result in dangerous conditions, and ultimately, legal liability.
Premises liability for ice injuries hinges on the concept of duty of care. If a business fails to take timely and reasonable action to address snow and ice buildup, they may be held responsible for any slip and fall accidents that occur as a result. That includes injuries from slipping on black ice, icy sidewalks, or unshoveled walkways.
Where Do Ice-Related Falls Happen?
While icy sidewalks are a common source of injury, many slip and fall accident cases happen in less obvious places:
- Parking lots that haven’t been properly salted
- Storefronts where melted snow re-freezes overnight
- Entryways with tracked-in moisture
- Unmaintained walkways or paths around a retail property
In many cases, a business owner’s liability for snow and ice extends beyond the immediate sidewalk. Falls that happen in a shared lot, on a ramp, or in a shopping center may still qualify for compensation under premises liability claims.
Proving Fault in a Slip and Fall on Ice
To successfully pursue a claim, your slip and fall accident attorney will need to prove that:
- The store or property owner had a duty of care
- That duty was breached (negligence)
- The breach caused your injury
- You suffered actual damages (medical bills, lost wages, etc.)
This is where documentation matters. Photos of the icy area, witness statements, surveillance footage, and medical records all serve as key evidence for slip and fall claims. In some cases, comparative negligence may apply—meaning both parties share fault. But even if you were partially responsible, you may still recover compensation.
Common Defenses from Property Owners
Businesses often argue two primary defenses in slip and fall lawsuits:
- Lack of negligence: Claiming the ice formed too recently to have been addressed
- Lack of fault: Asserting the injured person should have seen and avoided the hazard
However, reasonable person standards apply. If the ice buildup was foreseeable, visible, or left untreated for hours or days, these defenses may not hold up.
What You Can Recover in a Slip and Fall Lawsuit
If your case is successful, compensation may cover:
- Emergency medical treatment and ongoing care
- Lost income or future earning capacity
- Pain and suffering
- Permanent disability or disfigurement
Slip and fall lawyers can also help uncover whether a store had prior knowledge of the hazard or failed to meet industry standards for snow and ice removal. These details are often crucial in maximizing your claim.
Do You Need a Slip and Fall Accident Attorney?
While not every injury leads to a lawsuit, talking to an experienced slip and fall accident attorney can clarify your options. At Schofield & Green Law, our slip and fall accident attorneys offer free consultations and work on a contingency basis, meaning you pay nothing unless your case wins.
Working with a legal team that understands the complexities of icy sidewalk lawsuits ensures you’re not navigating a difficult process alone. In Colorado Springs and beyond, our team is here to help.
What to Do After Slipping on Ice
If you’ve fallen due to ice or snow outside a business:
- Seek medical attention right away
- Document the scene with photos
- Collect witness contact info
- Report the incident to the business
- Contact a qualified slip and fall lawyer
Taking these steps as soon as possible helps preserve evidence and strengthen your slip and fall on ice case.
Your Next Step Matters
So, can you sue for slipping on ice outside a store? Yes, if your injury was caused by someone else’s negligence, you may be entitled to compensation. These cases are time-sensitive, so don’t wait to find out where you stand.
If you or a loved one has been injured in a winter weather accident, let us help you hold the right party accountable. Contact us today for a free case evaluation!
Frequently Asked Questions About Slip and Fall Accident Cases
Can you sue for slipping on ice in a parking lot?
Yes, you can sue a store if you slipped on ice in the parking lot and the business was responsible for maintaining that area. Most stores are legally required to clear snow and ice from their parking lots within a reasonable time after a storm. If they fail to salt or shovel and someone gets injured, they may be liable under premises liability law. A lawyer can help determine if the store had a duty of care and whether that duty was breached.
What if I fell on an icy sidewalk outside the store?
You may still be able to sue, depending on who is responsible for maintaining the sidewalk. In many cities, commercial property owners — or the tenants operating a business — are required to keep adjacent sidewalks safe and clear of ice. If they fail to do so, and someone is hurt, they can be held legally responsible. These icy sidewalk lawsuits often depend on local ordinances and lease agreements.
What kind of evidence do I need for a slip and fall lawsuit?
The stronger your evidence, the stronger your case. Helpful documentation includes photos of the icy area, contact info for any witnesses, medical records, and a copy of the store’s incident report (if available). Video footage or maintenance logs can also support your claim by showing the store failed to treat the hazard in time. All this helps prove negligence and show the slip and fall wasn’t your fault.
Can I still sue if I was partly at fault for my fall?
Yes, Colorado uses comparative negligence rules, which means you can still recover damages if you were less than 50% at fault. For example, even if you weren’t wearing the best shoes for the weather, the store still may have failed to clear the ice in a reasonable time. Your total compensation may be reduced based on your share of fault. A qualified slip and fall lawyer can help evaluate this and advocate for the fairest outcome.
How long do I have to file a slip and fall claim?
In Colorado, you typically have two years from the date of the accident to file a personal injury claim. However, acting sooner is always better. Delays can lead to lost evidence or reduced witness reliability. The longer you wait, the harder it may be to prove liability or secure key documentation. If you’re considering legal action, don’t wait to speak with an attorney.
How much does it cost to hire a slip and fall lawyer?
Most slip and fall accident attorneys work on a contingency fee basis, meaning you don’t pay anything unless they win your case. If successful, their fee is typically a percentage of your final settlement or verdict. This setup makes legal representation accessible, especially if you’re facing high medical bills or lost income after a fall. Consultations are often free and can help you understand your options without financial pressure.
