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Common Winter Personal Injury Claims

by The Cochran Firm Phildelphia   | May 19, 2024

Personal injury cases cover a broad spectrum of accidents, but during the winter season certain types of injuries become more common. The cold weather in the Northeast brings snow, ice, and other hazardous conditions from about mid-December to early March. During these months, weather-related auto accidents, slip and fall injuries, and space heater injuries become much more prevalent.

In this post, we’ll go into detail on winter-specific personal injury claims and explain the steps you should take if you’ve suffered one of these kinds of accidents.

Weather-Related Auto Accidents

According to AAA, winter weather plays a role in around 500,000 road accidents in the U.S. every year.

Snow, ice, and other cold-weather conditions can affect road visibility and create slick, hazardous surfaces that make controlling a vehicle much more difficult, even for experienced drivers. The culprit in many winter car accident cases is black ice, which is transparent and therefore usually invisible to drivers.

Difficult conditions, paired with distracted driving, fatigued driving, and road rage, lead to many severe accidents. Remember that other road users have a legal responsibility to drive safely to prevent accidents; if they fail to do so and you get injured as a result, you may be entitled to compensation. In such cases, it’s important to consult with an experienced auto accidents attorney who can help protect your rights and pursue compensation for your injuries.

So, what can you do to prevent these kinds of road accidents? In addition to the usual safe driving guidelines – following the rules of the road, avoiding distractions, and being proactive – you must be especially cautious during the winter months.

While you’re driving on snowy roads, it can take your car 10 times longer to stop completely. Driving at slower speeds, keeping additional distance between yourself and the vehicle in front of you, and making sure all your windows are completely defrosted or scraped before heading out are all steps that can help to keep you safe. You should also allow yourself more time to get to your destination, as rushing to stay on time may cause you to drive carelessly and disregard proper winter driving practices.  

Slip and Falls

The National Safety Council reports that falls were the leading cause of preventable nonfatal injuries in 2022, affecting more than 8.5 million people.

The risk of slip and fall accidents is much greater during the winter months because of snow, ice, and slushy conditions. These accidents range from mild to very severe; some people suffer nothing more than scrapes and bruises, while others emerge with debilitating neck and spinal injuries.

If you have been injured in a slip and fall accident because a property owner failed to keep their premises safe, consulting a slip and fall accident lawyer can help you understand your rights and pursue compensation for your injuries.

What can you do to avoid a slip and fall injury? Whether you’re on public property or in your own home or business premises, you must take proper precautions. Avoid running, watch your step, and consider buying road salt to treat outdoor surfaces on your property. If you are a business owner, ensure your property is safe for customers by creating safe entry and exit routes by salting outdoor surfaces and shoveling snow out of designated pathways.

Space Heater Injuries

Many households and businesses invest in indoor and outdoor space heaters for the colder months; according to Global Market Insights, the space heater industry was worth $7.2 billion in 2023, with steady growth projected over the following decade.

While space heaters are great for keeping warm, they also can be hazardous. If left unattended, they can easily overheat and start a fire. According to the National Fire Protection Association, space heaters are a factor in 88% of deaths related to home heating equipment in the U.S. Fire isn’t the only risk associated with these devices; they’re extremely hot to the touch and can cause serious burn injuries.

Proper space heater safety measures include:

  • Never leaving a space heater running when you’re not present to keep an eye on it
  • Unplugging a space heater as soon as it sparks or overheats
  • Taking caution not to burn yourself when turning off your space heater
  • Making sure young children cannot burn themselves on your space heater
  • Cleaning and maintaining space heaters properly (a major factor when it comes to fire prevention)
  • Never placing space heaters near combustibles or other flammable objects.

If you suffer an injury because of someone else’s negligent use of a space heater, you may be entitled to compensation from them. Consulting with a personal injury attorney will give you a better idea of how this might work in your case.

Winter Sports Injuries

Winter sports like skiing, snowboarding, ice skating, and snowmobiling offer excitement and physical activity during the colder months, but they also come with risks. They can lead to various injuries, including:

  • Broken bones.
  • Ligament tears
  • Head injuries
  • Spinal cord damage.

Accidents can occur due to falls, collisions with other participants, or inadequate safety measures.

Personal injury claims related to winter sports often involve allegations of negligence. For example:

  • Ski resort operators may be liable if they fail to maintain trails properly or provide adequate warnings about hazardous conditions.
  • Equipment manufacturers could be held responsible for injuries resulting from defective gear, such as bindings or helmets.
  • Other participants could be legally responsible for your injuries if they cause an accident by behaving recklessly on the slopes.

Carbon Monoxide Poisoning

Carbon monoxide (CO) poisoning is a severe risk during the winter. It often results from the improper use of heating systems, which are in more frequent use during colder months.

CO is a colorless, odorless gas produced by burning fossil fuels like natural gas, wood, or coal. It can accumulate in enclosed spaces when heaters, furnaces, or stoves malfunction or are improperly ventilated. Symptoms of CO poisoning include headache, dizziness, weakness, nausea, and confusion, which can escalate to unconsciousness or death with prolonged exposure.

If you’ve been exposed to carbon monoxide because of the negligence of a landlord or business owner, you may be entitled to compensation from them. Property owners have a duty to ensure that appliances in their buildings do not emit an unsafe level of CO, and that functional carbon monoxide detectors always remain in place.

Manufacturers of heating equipment can also be liable if their products lead to CO exposure because of some defect in their design or production processes. Preventing CO poisoning requires regular maintenance of heating systems, proper ventilation, and the use of CO detectors.

You should be aware of the symptoms of CO poisoning and the risk factors that can lead to it. Act quickly if you suspect that carbon monoxide poisoning has occurred, as early detection is crucial for avoiding severe health consequences.

Defective Winter Equipment

Snow blowers, plows, and other types of tools and machinery are frequently necessary in Philadelphia during the winter months. When these malfunction, they can cause serious injuries.

Legal claims related to defective winter equipment often fall under product liability law, which holds manufacturers, distributors, and retailers accountable for injuries caused by faulty products.

If you need to use machinery of any kind, you should make sure you rent or purchase high-quality, reliable products and follow all safety instructions. Regular maintenance and inspections can also prevent accidents. If an injury does occur, it's essential to keep the defective product as evidence and consult with a legal professional to explore potential claims.

If you suffer a machinery-related injury in the course of your work, you may be entitled to workers’ compensation. This may be an easier route to a payout than a personal injury claim, as you won’t need to prove that anyone was negligent; you’ll just need to be able to show that your accident was work-related.

However, this process isn’t always straightforward. Workers’ compensation insurers often deny claims or attempt to devalue them, even if they’re completely valid. If you’re unsure of how to proceed with a case like this, you should make contact with a workers’ compensation lawyer.

Contact Us Today

If you or a loved one suffers an injury this winter season, reach out to The Cochran Firm in Philadelphia. Our experienced personal injury lawyers have expert knowledge in all types of personal injury cases, and our firm has the resources necessary to get you the compensation you are entitled to.

The attorneys at our Philadelphia office have secured numerous multimillion-dollar awards for victims of serious injury, and many have been recognized as Super Lawyers for their personal injury successes.

When you are the victim of serious injury or illness, you deserve someone on your side who is both intimately familiar with state and federal laws and fully devoted to pursuing maximum compensation on your behalf. Call us today to schedule a free case evaluation at 800-969-4400, or fill out our online contact form.

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