WEATHER CAUSES ACCIDENTS?
In our Stamford, Connecticut personal injury practice, we speak with many folks who have been injured as a result of weather-related conditions. Precipitation, rapidly changing temperatures, wind, and even the sun can be important factors in accidents, especially here in the northeast, which is known for its changeable climatic conditions. Are such accidents merely the result of random "acts of God," or can they anticipated and, with care, avoided?
Although the weatherman is often wrong in his daily prognostications, the causes of changes in the weather, and it's results, are widely known. A drop in temperature below 32 degrees following a rainstorm is likely to produce icy conditions on sidewalks, parking lots and roadways. Snow melting on the roof of a building is likely to make its way to the ground where, when the temperature drops during the night, it is likely to freeze. Windy conditions may topple trees whose trunks have been weakened by age, rot or insects.
The owners of properties, whether residential, retail, municipal or commercial, are charged with the responsibility of ascertaining weather conditions that may render their premises hazardous. They are further charged with mitigating the danger and/or warning those who enter their property of its presence.
In Connecticut, however, long-standing case law holds that the property owner need not begin these protective measures until after the weather event that caused the hazardous condition has ended. Thus, when makiing a claim against the landowner, detailed knowledge of the local weather conditons leading up to the accident may be vital . If it can be shown that after the weather event ended and before the accident occured, a sufficient period time had passed to permit the owner to remedy or warn of the hazard, the owner's failure to do so may constitute carelessness, enabling the injured party to recover compensation.
So, while accidents involving personal injury are often associated with hazardous weather conditions, these "acts of God" are often not the ultimate cause. Human intervention, or the failure thereof, is often at fault. If you have been injured by an accident involving weather-related conditions, be sure to consult with a lawyer who has meteorological knowledge and who has contacts with qualified forensic meteorological experts.
