All Questions

October 23, 2019 | Gary Burger

Weather Conditions and Slip and Fall Cases

When you fall on someone's property, are they liable for your accident if the failed to clear ice or snow? What if it's raining and the surface is extremely wet, or what if the accident happens inside a store and you fall due to a spill that hadn't yet been cleaned up? What if there were caution signs declaring that a spill was present, and an accident still occurred? Who is at fault?

In this FAQ, Gary and the team go over the different situations that can happen in a Slip and Fall claim, and who can be held liable for the accident. The answer as to who can be held liable may surprise you. If you have any questions about this FAQ, or if you have a slip and fall case that you need help with, our Personal Injury Lawyers in St. Louis can help. We don't charge any fees for our consultations, and we never take any attorneys fees unless we win your claim. Call or contact our team at 314-542-2222 for Missouri, or 618-272-2222 for Illinois.

Can I Sue if I Slipped and Fell on Someone's Property?

Just because snow is on, for example, say, a parking lot, just because it snows and there’s snow or ice in the parking lot does not necessarily mean that the landowner has to clear that snow off of the parking lot. However, if the landowner does undertake to clear the snow or the ice off the parking lot and does it negligently, then they are liable for that. Now, there are exceptions to that of course. If the snow comes down in a particular way where it’s uniquely accumulating in one particular area so that the landowner should have known to take ordinary care to clean that up, then they can also be liable.

In the Midwest, we’re the thawing and refreezing capital of the world. This happens all the time, where the stuff melts, and then one day it’s 50, the next day it’s 20, and this just happened, and we get that all the time. In Missouri and Illinois and most other states, it’s considered in the law that snow and ice is an act of God and someone’s not necessarily responsible for it. However, if they do take action, do it negligently like failure to shovel everywhere, shovel off the snow but leave the ice, only put some ice melt on and not reapply, or not put up the ice melt before it freezes. There’s a host of other ways where they’re negligent, and if you’re in the business where you’re bringing in customers and you’re not closing when it’s snowy and icy out, you’re responsible if people fall and injure themselves.

And lastly, if you have questions about this and need a lawyer, call me. I’m Gary Burger again. I’m at 314-542-2222. You can click on my website at and contact us via the contact form. You can email me at We answer all questions for free for anybody on auto accident issues but many other issues as well. If we represent you, we do not take a fee unless we recover money for you. Thank you.