May 24, 2012
KNOXVILLE, Tenn. (WVLT) -- As more snow falls across East Tennessee, we're asking the question, "who's responsible if you slip and fall on someone else's snow covered property?" The answer might surprise you like Ray Faubion of Knoxville.
"Ray, if you were to fall on someone else's property or at a business, do you know who would be responsible for that? 'The business owner,'" he said.
A common answer not necessarily true says attorney Donny Young. "It's not a clear cut case as to who is liable for what," he said.
In fact, the law in this area is very gray says Young. "There are cases where the person that fell is as much at fault as the homeowner or the business owner." In which case, you could be stuck with some very expensive medical bills if you get hurt.
"Would you be shocked if I told you that it could be you that will be responsible," I asked Faubion. "Yes sir."
Young says a judge and jury will determine fault based on the property owner's duty to protect. "There is a duty for the business owner or homeowner to make sure their property is safe and secure." But that doesn't mean you're off the hook.
"If there was a big puddle of water or ice on the property, and it was obvious that it was there, you just can't proceed in light of that danger, then turn around and try to sue the business owner," said Young.
Finally, document your efforts to make your property safe. And by all means, don't slack on the job.
"They still could be held liable for not doing it in a prudent manner," Young said.
