Can You Recover if Water Refreezes From a Snowpile?

Many people slip and fall in parking lots. Unfortunately, ice and snow in parking lots are a fact of winter in Ohio. The general rule is that slipping and falling on natural ice and snow does not create a recoverable claim.

However, one of the exceptions (according to some courts in Ohio) is when snow melts and refreezes when it is caused by an artificial sloping condition. For example, in Stinson v. Cleveland Clinic Foundation, 37 Ohio App.3d 146 (Cuyahoga Ct. App. 1987), the Court held that snow plowed onto a sloped hillside which thaws and refreezes created liability when a patient slipped on ice caused by the runoff. However, other courts have held that slipping and falling from runoff from a typical snowpile in the parking lot did not create liability.

You should be aware that your ability to recover when you fall in a parking lot can be difficult, but not impossible. Call us to discuss your case.