Finney Injury Law - January 2021

WHO IS RESPONSIBLE FOR SNOW REMOVAL? I Slipped in a Private Lot — And They Say It’s Not Their Fault!

So, who is responsible? Generally, whoever actually owns the property will be the most likely party for you to sue in the event of a slip and fall. Not only are they most likely to be insured against such a suit — meaning a potentially higher payout — but the courts are more likely to find guilt with property owners than other parties. As we said before, it’s possible that a snow-removal contractor could be party to a slip-and-fall lawsuit, but that’s usually a harder case to make. Those companies may try to hide behind other subcontractors, especially if it’s a larger property management company that doesn’t just handle snow removal or if they don’t carry insurance against these kinds of lawsuits. You’ll need to work with a qualified personal injury attorney to determine whether a lawsuit is the right move for you and whom to bring one against if it is.

It’s almost impossible to avoid bad weather and the hazards that come with it this time of year. You can be a safe commuter, or even work from home, but eventually you’re going to leave the house. What happens when that trip to the grocery store, church, or other private property ends in a slip and fall on the ice? Who’s responsible? Most cities, including the city of St. Louis, require “immediate” removal of snow and ice from public sidewalks and spaces (including parking lots) after it ceases to accumulate (as soon as the snow stops falling) and before it starts to accumulate again. This duty falls to “managers, agents, or occupiers of any premises,” unless it’s a rental property with more than six units. If that’s the case, it’s the job of the “owner or agent of the owner” to do the job.

less than 24 hours after the snow ceases to fall.

Who are ‘agents of the owner’? This is the part of the law that refers to snow removal services or property management companies. They don’t own the parking lot you slipped on, but the owner contracted with them to remove the snow and clear the ice — and clearly they didn’t do a very good job. So, can they be held responsible? Although the law says that “agents of the owner” are responsible for snow removal if contracted, it can be tricky to successfully sue snow removal and property management companies for failing to do their job, even though that failure led to your slip and fall. That doesn’t mean that it’s out of the question, but just like trying to sue a private homeowner for your fall on the sidewalk outside their house, it doesn’t succeed very often.

The definition of “immediate” changes by municipality, but generally, it means

EASY ONE-POT LENTIL SOUP

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Inspired by MinimalistBaker.com

INGREDIENTS

• 2 tbsp coconut oil • 2 cloves garlic, minced • 2 shallots, diced • 4 large carrots, sliced thin • 4 stalks celery, sliced thin • Sea salt, to taste • Black pepper, to taste

• 3 cups red potatoes, cubed • 4 cups vegetable broth • 2–3 sprigs fresh rosemary or thyme, chopped • 1 cup uncooked green lentils, rinsed and drained • 2 cups chopped kale

DIRECTIONS

1. In a large pot, heat oil over medium heat and sauté garlic, shallots, carrots, and celery for 4–5 minutes, adding salt and pepper to taste. 2. Add potatoes to pot, along with more salt and pepper. Sauté for 2 minutes. 3. Add vegetable broth and herbs, then bring soup to a simmer. 4. Add lentils, stirring until soup returns to a simmer. Then, turn the heat to low and cook soup uncovered for 15–20 minutes. 5. Finally, add kale and additional salt and pepper as needed. Cook for 3–4 minutes, thin soup with additional vegetable broth as needed, and serve!

Practicing in Missouri and Illinois

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