Snow and ice fall injury attorney

Snow and ice claims have their own body of rules. Several jurisdictions recognize doctrines limiting liability while a storm is in progress, on the reasoning that clearing during active snowfall is futile — so the timing of the fall relative to the weather is frequently decisive, and it is established from records that must be obtained promptly. Law Offices Of SRIS, P.C. handles premises claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

On This Page

Weather records are the foundation

Certified weather records for the location and period establish when precipitation began and ended, temperatures and any freeze-thaw cycling. That timeline determines whether a storm-in-progress argument applies and how long the owner had to act after it ended. Alongside it: snow removal contracts and service logs showing when the property was treated, salt and material purchase records, photographs of the condition, and any prior complaints about the same area.

The distinction that decides many cases

Natural accumulation from ongoing weather is treated differently from an unnatural accumulation created or worsened by the property — ice formed by water running off a defective gutter, refreezing of a poorly drained cleared area, a snow pile placed where meltwater crosses a walkway and refreezes. Where the accumulation is unnatural, storm-in-progress reasoning generally does not assist the owner, and that distinction is frequently where these claims succeed.

The injuries

Ice falls typically produce a backward fall, which differs in pattern from a forward trip: wrist fractures from breaking the fall, hip fractures particularly in older adults, tailbone and spinal compression injury from landing, and head injury from striking the ground. The head strike in a backward fall is a recognized mechanism for significant brain injury and warrants assessment even where the person got up and continued.

How these claims are contested

Through the storm-in-progress doctrine where it applies. Through the natural accumulation argument. Through the open and obvious argument — that ice in winter is an evident hazard — which in Virginia, Maryland and the District can bar recovery entirely under contributory negligence principles. And through footwear and the reason the person was walking there. The unnatural accumulation analysis is the most productive response where the facts support it.

Acting immediately

Obtain certified weather records for the precise location and period. Photograph the ice and the surrounding area before it melts, including any source of unnatural accumulation such as a downspout, a snow pile or a drainage issue. Send a preservation demand for snow removal contracts and service logs, which are frequently held by a contractor rather than the owner. Identify the applicable notice deadline where a public entity is involved.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is the storm in progress rule?

A doctrine recognized in several jurisdictions limiting a property owner’s liability for accumulation while a storm is ongoing, on the reasoning that clearing during active precipitation is futile. Where it applies, the owner generally gets a reasonable period after the storm ends to act. Whether and how it applies varies by state.

What is unnatural accumulation?

Ice or snow created or worsened by the property rather than by the weather alone — water from a defective gutter or downspout freezing on a walkway, refreezing of a cleared area that drains poorly, or meltwater from a snow pile crossing a path and freezing. Storm-in-progress reasoning generally does not assist an owner in those circumstances.

They say ice in winter is obvious. Is that a defense?

It is argued frequently, and in Virginia, Maryland and the District, where contributory negligence principles apply, it can bar recovery entirely rather than reduce it. It is a serious argument. The productive response is usually to establish that the accumulation was unnatural or that the hazard was not in fact visible.

Why do weather records matter so much?

Because they establish when precipitation began and ended and whether freeze-thaw cycling occurred, which determines whether a storm-in-progress argument applies and how much time the owner had after the storm to act. Certified records for the specific location should be obtained rather than relying on general recollection.

Who is responsible if a contractor does the snow removal?

Potentially both the property owner and the contractor, depending on the contract terms and what was actually done. The contractor’s service logs are frequently the key evidence about when the area was treated, and they are held by the contractor rather than the owner — so the preservation demand needs to reach them too.

I fell backward and hit my head. Should that be checked?

Yes, specifically. Backward falls on ice are a recognized mechanism for significant brain injury, because the head strikes the ground without the hands protecting it. Assessment is warranted even where you got up and carried on, particularly if there was any confusion or memory gap.

What should I photograph?

The ice itself before it melts, the surrounding area, and critically any source of unnatural accumulation — downspouts, gutters, snow piles, drainage. Also whether the area had been treated, and whether adjacent areas had. Ice disappears within hours, so this cannot wait.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, with much shorter notice requirements where public property is involved. Weather records and contractor logs should be secured well before then.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.