What should I do if I was walking out of an office building and slipped on the ice?

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What should I do if I was walking out of an office building and slipped on the ice?

There was not any salt spread in the area at all. I may need surgery for a torn meniscus, the property manager said it’s an act of nature and they won’t help. I have medical insurance but feel why should I pay the deductible when I feel they are responsible because they neglected to salt their lot.

Asked on November 25, 2014 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They *may* be liable for not salting (or scraping, etc.) their lot--it depends upon whether, given how recent the ice was, how extensive it was, and what is generally done by similar property owners, it was "reasonable" to not salt/scrape/etc. or not. (If under the circumstances, the average or reasonable similarly-situated property owner would not have salted, etc., then they would not be liable; liability attaches from not doing what a reasonable property owner would do.)

However, even if they might be liable, it may not be worthwhile taking action: all you can recover would be your out-of-pocket, or not paid by insurance, costs (since any costs paid by insurance are not costs incurred by you)--in this case, from what you write, the deductible. If they don't pay the deductible voluntarily, you'd have to sue them to recover it. Depending on what your deductible is, it may not be worth the time, effort, and cost of lawsuit to try and recover it.


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