What Happens If You're Injured on Someone Else's Property in the Winter?

Winter conditions create hazards that don't exist the rest of the year. Ice accumulates on walkways. Snow covers steps and uneven pavement. Parking lots become slippery. Outdoor lighting becomes more critical as days get shorter.

When you're injured on someone else's property during the winter months in Virginia, DC, or Maryland, what happens next depends on whether the property owner maintained the property reasonably, whether you were legally on the property, and how the law in your jurisdiction treats fault.

Here's what you need to know if you're injured on someone else's property in winter.

Can a Property Owner Be Held Liable for Winter Injuries?

Yes. Property owners can be held liable for injuries caused by ice, snow, and other winter hazards on their property if they failed to maintain reasonably safe conditions.

Property owners have a legal duty to maintain their premises in reasonably safe condition for people lawfully on the property. In winter, this duty includes addressing hazards created by ice, snow, and other weather conditions.

The specific duty depends on the type of visitor you are. Invitees, customers, tenants, people with explicit or implicit permission to be there, are owed the highest duty of care. Property owners must inspect for hazards, remedy dangerous conditions, or warn about risks they know or should know about.

Licensees, social guests, people with permission but no business purpose, are owed a lesser duty. Property owners must warn about known hazards but generally don't have to inspect for dangers.

Winter doesn't eliminate these duties. Property owners must take reasonable steps to address ice, snow, and other seasonal hazards based on the circumstances.

However, liability is not automatic. You must prove the property owner knew or should have known about the hazard, the property owner failed to fix it or warn you about it, the hazard caused your injury, and you were exercising reasonable care when you fell.

How Long Do Property Owners Have to Remove Snow and Ice?

Property owners must remove snow and ice within a reasonable time after becoming aware of the hazard or after they should have become aware of it.

There is no specific number of hours or days that defines "reasonable time." Courts consider the circumstances of each case including how much time has passed since the snow or ice formed, the severity of the hazard, how much traffic the area receives, and what steps the property owner took to address it.

A property owner is not expected to remove snow while a storm is actively ongoing. However, once a storm ends, the duty to take reasonable action within a reasonable time begins.

What constitutes reasonable time depends on the specific situation. A high-traffic commercial entrance like a grocery store may require more urgent attention than a rarely used side entrance. A property with many tenants or customers needs faster response than a property with minimal foot traffic.

Courts also consider what's practical. An apartment complex with acres of walkways needs more time than a small retail store with one entrance. Property owners in areas that rarely see snow may have more time to respond than property owners in regions accustomed to winter weather.

If a property owner had adequate time after a storm to salt, sand, or remove snow and failed to do so, that can establish liability. If they acted promptly but conditions prevented immediate clearance, that may support a defense.

What Does "Reasonable" Mean When It Comes to Snow and Ice Removal?

"Reasonable" means the property owner took steps that a reasonably prudent property owner would take under similar circumstances.

Property owners are not required to keep premises completely free of ice and snow at all times. The standard is reasonableness under the circumstances, not perfection.

Courts evaluate reasonableness by looking at whether the property owner had a snow removal plan, whether they implemented it after the storm, whether they salted or sanded walkways and parking areas, whether they posted warning signs if immediate removal wasn't possible, whether they inspected the property for hazards, and whether they prioritized high-traffic areas.

A property owner who salts and sands walkways promptly after a storm has acted reasonably. A property owner who does nothing for days after a storm has not acted reasonably. A property owner who clears some areas but neglects others may or may not have acted reasonably depending on the specific facts.

Property owners who attempt to remove snow or ice but do so negligently may create liability. For example, clearing only part of a walkway and creating uneven surfaces, piling snow in a way that creates new hazards, or using methods that make conditions worse can establish negligence even though the property owner took some action.

Reasonableness also depends on the severity of the hazard. A light dusting of snow may not require immediate action. Significant ice accumulation in a high-traffic area requires prompt response.

What If the Property Owner Claims the Hazard Was Open and Obvious?

Property owners frequently argue that ice or snow was open and obvious, meaning a reasonable person would have seen it and avoided it. In Virginia particularly, this defense can eliminate liability entirely.

The open and obvious doctrine says that if a hazard is open and obvious to a reasonable person, the property owner may have no duty to warn about it and may not be liable even if the hazard causes injury.

Whether ice or snow is open and obvious depends on the specific circumstances. Ice visible on a walkway in daylight may be considered open and obvious. Black ice that's invisible may not be. Snow covering a hazard like a pothole or uneven pavement may not be open and obvious even though snow itself is visible.

Courts also consider whether you had a reasonable alternative. If the only entrance to a building has ice, the fact that ice is visible doesn't necessarily mean you can avoid it. If safe alternatives exist but you chose to walk through ice, the defense is stronger.

Virginia applies the open and obvious doctrine more strictly than DC or Maryland. In Virginia, if a court finds a hazard was open and obvious, the property owner often has no liability. DC and Maryland courts may still find liability even when a hazard is open and obvious if the property owner should have taken action to remedy it.

To counter this defense, you need evidence showing the hazard wasn't actually visible (poor lighting, snow covering it, black ice), you had no reasonable way to avoid it, the property owner created or enhanced the hazard, or the property owner's negligence made an obvious hazard more dangerous.

What Should I Do Immediately After a Winter Property Injury?

Report the injury to the property owner or manager immediately. Find whoever is responsible for the property and tell them you fell on ice or snow on their property, you're injured, and you need them to document the incident.

Insist they complete an incident report. Make sure the report includes your name, contact information, the date and time, the exact location of the fall, what caused you to fall (ice, snow, specific conditions), and a description of your injuries. Get a copy of the incident report before you leave. If they won't give you a physical copy, take a photo of the completed report with your phone.

Document the scene thoroughly before conditions change. Ice and snow melt or get cleared within hours. Take photos of the ice or snow that caused your fall from multiple angles. Photograph the surrounding area showing the approach to the hazard. Capture whether warning signs were present or absent. Take photos of your injuries if visible and the shoes you were wearing. Make sure your phone's location services are on so photos have GPS data and timestamps.

Look for witnesses. If anyone saw you fall, get their names and contact information immediately. Don't assume the property owner will provide witness information later.

Note weather conditions. How long had it been since it snowed or iced? Was it still snowing? What was the temperature? Was it dark or poorly lit? Write this down while it's fresh.

Seek medical attention the same day. Don't wait to "see how you feel." Winter falls frequently cause hip fractures, wrist fractures, head trauma, and spinal injuries that don't always cause severe pain immediately. Medical records created on the day of the fall establish causation.

Follow up in writing. Send the property owner an email or letter stating: "On [date] at approximately [time], I slipped and fell on ice/snow at [specific location]. I reported this to [person's name] immediately. I am injured and seeking medical treatment. Please preserve all evidence related to this incident including surveillance footage and maintenance records."

Why Is It Crucial to Report the Injury to the Property Owner or Manager?

Reporting the injury immediately creates an official record that the incident occurred on the property owner's premises. Without this record, property owners frequently deny the fall happened at all.

Property owners and their insurance companies routinely claim they have no notice of incidents. If you leave without reporting, they'll argue you were never on the property, the fall didn't happen there, or the injury came from somewhere else.

An incident report creates time-stamped documentation tying your injury to that specific location. It establishes that the property owner had immediate notice of the hazard and the injury. It becomes critical evidence if the property owner later claims ignorance.

Written follow-up is equally important. Property owners often claim verbal reports never happened or that details were different from what you remember. An email or letter sent the same day creates a paper trail that's harder to dispute.

Reporting also triggers the property owner's duty to preserve evidence. Once they're on notice of an injury, they have an obligation to preserve surveillance footage, maintenance records, and other evidence. Without notice, they can destroy or delete evidence without consequence.

Finally, reporting protects you from contributory negligence arguments. If you leave without reporting and the property owner later claims they had no way to know about the hazard, it can support arguments that you share fault for not bringing it to their attention.

What Crucial Evidence Do I Need for a Winter Property Injury Case?

Photos of the ice or snow that caused your fall are the most critical evidence. These hazards often melt or get cleared within hours. What you photograph immediately may be the only proof the hazard existed.

Weather records for the date of your injury help establish when precipitation occurred, how much fell, and what temperatures were. This information helps prove whether the property owner had sufficient time to address the condition. Weather data from the National Weather Service or local weather stations can be obtained after the fact.

Property maintenance records can show whether the owner had a snow removal plan, whether they salted or sanded, when they last inspected the property, and whether they knew about the hazard. Your attorney can subpoena these records during the legal process.

Surveillance footage may show your fall and prove the hazard existed. Many commercial properties and apartment complexes have security cameras. Request that footage be preserved in writing immediately, as businesses often delete footage after 30-60 days.

Witness testimony can corroborate what happened, confirm the hazard existed before your fall, and verify you were exercising reasonable care. Witnesses who saw the property's condition hours or days before your fall can also establish how long the hazard existed.

Incident reports completed by the property owner document that you reported the fall and what you said happened. These reports can't be altered later and provide contemporaneous documentation of the incident.

Medical records establish your injuries and connect them to the fall. The sooner you seek treatment, the stronger this connection. Medical records should document the mechanism of injury (fell on ice, slipped on snow) and all symptoms you reported.

Your own written account created immediately after the fall preserves details while they're fresh. Memory fades. A detailed written description of what happened, created the same day, carries more weight than recollections weeks or months later.

What Defenses Do Property Owners Use in Winter Injury Cases?

Property owners argue the ice or snow was naturally occurring from weather and they had no duty to remove it. This is called the natural accumulation rule, which some jurisdictions apply to limit liability for hazards created purely by weather conditions.

They claim they didn't have sufficient time after the storm ended to address the condition. If you fell hours after snow stopped, they argue that wasn't enough time to salt, sand, or remove snow from all areas.

Property owners assert they took reasonable steps by salting, sanding, or posting warnings. They'll produce maintenance records showing they had a snow removal plan and implemented it, even if they missed the specific area where you fell.

They argue the hazard was open and obvious and you should have seen it. In Virginia particularly, this defense can eliminate liability entirely if successful.

Property owners claim you weren't watching where you were going. They'll argue you were distracted by your phone, weren't paying attention to the ground, or weren't exercising reasonable care for winter conditions.

They say you were walking too fast for winter conditions. Even if ice existed, they argue a reasonable person would have walked more carefully and you didn't.

Property owners argue you were wearing inappropriate footwear for winter weather. They'll claim smooth-soled shoes or heels aren't reasonable for icy conditions.

They establish comparative or contributory fault. In Virginia and Maryland, even minimal fault on your part can eliminate recovery entirely. In DC, they seek to prove you were at least 50% at fault.

Property owners claim they had no notice of the specific hazard. Even if they're responsible for maintaining the property, they argue they couldn't address a hazard they didn't know about and couldn't have discovered through reasonable inspection.

How Do Virginia, DC, and Maryland Laws Differ for Winter Property Injuries?

Virginia: Contributory Negligence and Open and Obvious Hazards

Virginia follows pure contributory negligence. If you are found even 1% at fault for your injury, you cannot recover compensation.

In winter slip and fall cases, property owners argue you weren't watching where you were going, you should have seen the ice or snow, you were walking too fast for conditions, or you were wearing inappropriate footwear.

Virginia also applies the open and obvious doctrine strictly. If a hazard is open and obvious to a reasonable person, the property owner may have no duty to warn about it and may not be liable even if you're injured.

Virginia's statute of limitations for premises liability cases is two years from the date of injury.

DC: Modified Contributory Negligence

DC follows modified contributory negligence. You can recover compensation as long as you are less than 50% at fault. Your recovery is reduced by your percentage of fault.

If you're found 30% at fault for not exercising reasonable care in winter conditions, you can still recover 70% of your damages.

This makes DC winter injury cases more viable than Virginia cases when fault is shared.

DC's statute of limitations for premises liability cases is three years from the date of injury.

Maryland: Contributory Negligence Similar to Virginia

Maryland uses contributory negligence like Virginia. If you're found at fault for your injury, you recover nothing.

However, Maryland courts sometimes apply contributory negligence less harshly than Virginia courts. The practical application can differ, and Maryland law has developed some exceptions that may provide recovery options in limited circumstances.

Maryland's statute of limitations for premises liability cases is three years from the date of injury.

Government Property Has Special Rules

If you're injured on government property (city sidewalks, metro stations, public buildings), shorter notice requirements apply.

Virginia: Notice must typically be filed within six months. Some local governments require 60 or even 30 days.

DC: Notice to the DC government must be filed within six months.

Maryland: Notice to state or local government entities must be filed within 180 days.

Missing these deadlines can bar your claim entirely.

What Is a Winter Property Injury Case Worth?

Case value depends on multiple factors. Injury severity matters most—fractures requiring surgery, permanent disability, and head trauma increase value significantly. Medical expenses both past and future are calculated into damages.

Lost wages and reduced earning capacity factor into value. If your injury prevents you from returning to work at full capacity or requires you to change careers, those losses are compensable.

Pain and suffering and how injuries affect your daily life contribute to case value. Permanent limitations, chronic pain, and inability to do activities you previously enjoyed all increase compensation.

Liability strength affects value. Cases where the property owner clearly failed to maintain the property despite adequate time and notice to do so are worth more than cases with disputed fault.

Your credibility matters. If you have consistent statements, sought immediate medical care, followed treatment recommendations, and didn't post contradictory information on social media, your case is worth more.

Available insurance coverage affects what you can actually recover. Commercial properties typically have higher liability limits than residential properties. Some properties may have minimal coverage regardless of injury severity.

Jurisdiction significantly impacts value. DC cases may be worth more than identical Virginia cases because DC's modified negligence rule allows recovery even with shared fault. Virginia and Maryland cases face total loss risk if any contributory negligence is found.

Serious winter property injury cases with clear liability can settle for $100,000 to $500,000 or more. Hip fractures requiring surgery, wrist fractures, spinal injuries, and head trauma all substantially increase value.

Cases with disputed liability, soft tissue injuries without objective medical findings, or contributory negligence issues may settle for $10,000 to $50,000 or may not be viable at all.

An experienced attorney can evaluate your specific case after reviewing your medical records, the evidence from the scene, and the property owner's liability.

When Should I Contact a Lawyer for a Winter Property Injury?

Contact an attorney if you suffered serious injuries requiring surgery, hospitalization, or extensive treatment. Winter falls frequently cause hip fractures, wrist fractures, spinal injuries, and head trauma that require significant medical care and result in substantial damages.

You should also contact a lawyer if the property owner or their insurance company is denying liability, if your injury occurred in Virginia where contributory negligence creates high risk of total loss, if you fell on government property with short notice deadlines, if your medical bills exceed $10,000 or you've missed significant work, or if the property owner is claiming the hazard was natural accumulation or open and obvious.

An attorney can investigate the property owner's maintenance practices and obtain records showing whether they had a snow removal plan and whether they followed it. Your lawyer can obtain weather records and surveillance footage through subpoenas if necessary.

An experienced attorney counters natural accumulation and open and obvious defenses with evidence and legal arguments specific to your case. Your lawyer handles all communication with insurance companies so you don't give statements that hurt your case through recorded admissions or inconsistent details.

Most premises liability attorneys work on contingency—you pay nothing unless you recover compensation. The fee is typically 33-40% of your settlement or verdict.

Conclusion

Winter creates serious hazards on properties that can cause devastating injuries. Property owners have legal duties to maintain reasonably safe conditions even during winter months, though what's reasonable depends on many factors.

If you're injured on someone else's property in winter, what you do immediately determines whether you have a viable case. Document the scene before ice melts and snow gets cleared. Report the incident in writing. Seek immediate medical care. Preserve all evidence.

In Virginia and Maryland, contributory negligence makes these cases particularly risky. Even small mistakes in how you present your case can eliminate recovery entirely. DC's modified negligence rule provides more protection but still requires careful handling.

Property owners and their insurance companies fight winter injury claims aggressively using defenses like natural accumulation, open and obvious hazards, and contributory fault. Don't navigate this alone if you're seriously injured.

Next Steps

If you've been injured on someone else's property during winter in Virginia, DC, or Maryland, we can help you understand your rights and determine whether you have a viable claim.

At Valor Injury Law, we've handled winter property injury cases throughout the DMV area and understand how to prove liability when property owners fail to maintain safe conditions.

📞 Call (703) 828-0051 for a consultation

Valor Injury Law represents slip and fall and premises liability victims throughout Virginia, DC, and Maryland. Tara Umbrino has over 13 years of experience handling personal injury cases exclusively, including complex winter property injury claims involving ice, snow, and contributory negligence defenses.

Disclaimer: This post is for general information only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.