Can I sue the apartment complex if I slipped on ice in the parking lot? 22 Answers as of January 09, 2012

In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to prove that the owner of the parking lot knew of the ice, had time to salt or sand it, and did not do so. If it was a sudden ice storm that was in progress or had just finished, there may be no case. But, if it built up over a period of time, you may be able to go forward.

You may sue the apartment complex for injuries sustained in slip and fall accident on ice. Snow and ice are a part of life here in Wisconsin, but a landlord or parking lot owner can still has a duty to clear the parking lot, stairs, walkways, and sidewalks. If possible, I would recommend taking as many pictures of the parking lot as possible, document your injuries, and retain an attorney to contact your landlord's insurance company.

I have to give the lawyer like answer; it depends. The Supreme Court has held that a parking lot is not part of an apartment complex. A landlord has a duty to keep the premises safe. Was the ice visible? Was it black ice? Was it covered with snow. All of these are factors that determine if you have a case or not. There is no black and white answer.

Yes and you should, but you need to have damages such as injuries and medical bills.

Yes, I have handled a number of these cases and already have them coming in from this winter with the exact same facts of your case. The main issue is usually whether there was black ice or "hills and ridges" and the corresponding law.

Probably not. It is a complex analysis. Consult a personal injury attorney with all details.

You can almost always sue someone for your injuries assuming there is a reasonable basis to believe someone is at fault. However, the more important question is whether you would be successful in your suit. The answer to that question is "maybe" depending on additional information not contained within your Question or the Question Detail. Assuming this fall occurred in privately owned parking lot, the owner may be responsible for your medical bills, lost wages, pain, suffering and other damages. Before the parking lot owner (hereinafter referred to as "Owner") would be responsible for your damages, you must prove they were at fault for your fall. Generally, to prove liability for a fall on ice you must prove all of the following: (1) That the Owner either caused the ice to be in the parking lot, knew of the ice, or, by the exercise of reasonable care, would have discovered the icy parking lot; (2) that the Owner should have realized that the ice involved an unreasonable risk of harm to people walking in the parking lot; (3) that the Owner should have expected that people either: would not discover or realize the danger; or would file to protect themselves against the danger posed by the water; and (4) that the Owner failed to use reasonable care to protect people from the danger posed by the ice. The information necessary to establish these items is not continaned within your Question or Question Detail. The following is a partial list of questions that would need to be answered to determine whether the Owner is at fault based on the items set forth in the prior paragraph: what the weather (temperature; precipitation) for at least the 7 days before your fall; how long had the ice been on the parking lot; did the ice cover the entire parking lot or just parts; had the Owner made any attempts to remove the ice; was the ice "visible" to people walking on it or was it covered by snow or "black ice"); what time did you fall; the lighting conditions of the parking lot; whether you had walked on the same ice you fell on prior to your actual fall; the type of shoes/ boots you were wearing and their tread; how fast you were walking; what were you doing and looking at just prior to your fall. Again, this is just a partial list. In addition, you would have to examine your own actions in determining whether you were 50% or more at fault for your fall. In Nebraska, to recover you must be less than 50% at fault. The main questions as to your own "possible" fault involve: (1) whether you knew about the ice; and (2) how carefully you were walking, which involves your speed and what you might have been carrying; and (3) whether you were watching where you were walking. Again, the information provided does not permit me to determine the likelihood of prevailing in a lawsuit against the parking lot Owner. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

The category of cases dealing with situations like that is called "premises liability". An analysis of a premises liability case starts with determining the status of the injured person as trespasser, licensee, or invitee. "The possessor of land is liable for injuries to a business visitor caused by a condition encountered on the premises only if he (a) knows or should have known of such condition and that it involved an unreasonable risk; (b) has no reason to believe that the visitor will discover the condition or realize the risk; and (c) fails to make the condition reasonably safe or to warn the visitor so that the latter may avoid the harm." Huston V. Church Of God, 46 Wn. App. 740, 732 P.2d 173 (1987). (You can read relevant cases on the MRSC website.) You should call an attorney to help you with your claim.

In short yes. Also the management company and plow company depending on the facts. You must prove they knew or should have known of the specific conditions or defect that caused your injury and had a reasonable time to address it.

Generally, property owners have no duty to remove "natural accumulations" of ice from their property. However, one may recover damages for falls on icy sidewalks or parking lots, if one can prove that the negligent design or maintenance of the underlying pavement caused an "unnatural accumulation" of ice. In order to successfully prove such a case, one must prove the following: a) there was an unnatural accumulation of ice on the property which presented an unreasonable risk of harm to people on the property; b) the property owner knew or in the exercise of ordinary care should have known of both the condition and the risk; c) the property owner could reasonably expect that people on the property would not discover or realize the danger or would fail to protect against such danger; d) the property owner was negligent; e) the plaintiff was injured; and f) the property owner's negligence was a proximate cause of the plaintiff's injury.

This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered. When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident. It is difficult to determine how strong your claim may be given the little information you provide.

You can, but you would have to prove that the complex owners and managers knew of this icy condition and they could reasonable make efforts to stop the ice coming, but failed to due so.