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Falling After Snow Storms

Woman Slipped And Injured Back On Icy Street

Among fellow trial lawyers in Delaware is something all people should understand. Many people have fallen after snow storms after coming in or out of department stores or any other place of business. In Delaware, there is a doctrine called “The Continuous Storm Doctrine”. What that means is the courts in Delaware have held that there is no duty for the owner of land of a commercial establishment to clear either snow or ice while the storm is continuing. Furthermore, the courts also seem to suggest if they try to do it an proper fashion during the storm, they still may not be held responsible.

It comes up more than you would think. If there was snow for hours and then changes to rain and a person thinks it is ok to venture out, a person gets out of the car and slips on the snow or ice. Generally someone thinks because it is now raining, someone should have cleared the snow that was on the ground. However, with the doctrine I stated above, most probably the place where you fell is not going to be responsible for injuries.

Also, most times the court will give an establishment time in which to clear. In other words, once the weather clears, they do not have to do it immediately. It can vary from half a day to a full day for business owners to make sidewalks and parking lots decent for people to walk back and forth without hurting themselves.

The moral of the story is to be very careful if you are venturing out, for your own sake, while there is bad weather going in on your area. Obviously, you do not want to hurt yourself, and if you do, you are not going to be able to hold the place where you are shopping responsible for your injury.

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