Slip and Fall on Ice
Question: Good day to you, I have a legal question for a potential slip and fall situation. I am a property manager for a multiple (16) family apartment building. I have a resident that expects that the sidewalk be kept free of ice and snow immediately. She stated to me that if the snow and ice is not cleaned from the sidewalk when she leaves for work, that I am responsible for it being clean. She is expecting to have it clean no matter if it is still snowing or I am unable to get to it until 10am.
My question is if she slips and falls before I have a chance to remove it does she have a case against the insurance? And what does Wisconsin law say regarding how long you have to provide a safe clean sidewalk for tenants?
I hope that you can help me in this manner. I have found your site very interesting and helpful already.
Thank you either way.
Answer: Thank you for contacting our office and I’m glad you found our site interesting. Unfortunately, your question has no simple answer but I will attempt to provide you some guidance.
A property owner in Wisconsin is generally required to “reasonable care” to keep their property safe. However, properties with three or more rental units are generally held to a higher standard of care, pursuant to the Wisconsin Safe-Place Statute, which requires that the premises are maintained as “safe as the nature of the apartment building would reasonably permit.” The question of what is as “safe as the nature of the building would reasonably permit” is one that would be answered by the jury, so there is no hard and fast rule as to how long an apartment building has to remove the ice or snow. It would really depend upon the specific circumstances of the weather conditions. I can’t imagine a jury finding you negligent for not being outside removing snow as soon as it falls. However, I have had experts testify that owners of apartment buildings should have a procedure in place for inspecting their property and removing snow and ice every morning before work hours and regularly throughout the day.
I hope this provides you with some assistance.
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