Cracked sidewalks or torn carpeting can also create a dangerous situation. To win your personal injury lawsuit, you will have to prove the defendant knew or should have known about the problem and failed to repair it. Building owners must ensure that the building's structure is up to code. For example, handrails should be secured firmly at a certain height. While it's true that no one can control the weather, landowners are expected to take reasonable actions to reduce hazards, including shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps.
Some states have rules restricting claims for falls on snow and ice.
If your landlord does a poor job of shoveling the sidewalk and steps, you cannot sue him or her for damages if you fall and hurt yourself. However, if the runoff from a leaking spout causes the steps to ice up, you can file a premises liability claim for your injuries. In slip and fall cases, the plaintiff is also expected to exercise reasonable judgment and caution. In some states, if you are at fault for an accident, you may not recover any damages or your damages may be reduced. This is called contributory or comparative negligence.