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Apartment Complex Negligence: When Ice and Snow Lead to Injury

By Jason Bottlinger on March 3, 2025

A dangerous slip and fall can happen anywhere during winter in Nebraska. Omaha’s winter weather often brings snow, freezing rain, and fluctuating temperatures, which create hazardous icy conditions. Snow that melts during the day can refreeze at night, making walkways, parking lots, and stairways treacherous. Downspouts can also contribute to these dangers by allowing water to drain onto walking surfaces, where it refreezes and creates invisible ice patches.These unpredictable weather patterns make it crucial for landlords and property managers to stay proactive in snow and ice removal to prevent accidents. Understanding who is responsible and what legal actions you can take is essential for protecting your rights.

Understanding Liability in an Icy Slip and Fall at an Apartment Complex

Who Is Responsible for Snow and Ice Removal?

Responsibility for snow and ice removal in an apartment complex depends on the lease agreement and local laws. In Nebraska, landlords are generally required to maintain safe conditions on their property, including clearing ice and snow from common areas like sidewalks, parking lots, and entryways. However, some lease agreements may shift some of this responsibility to tenants.

A property owner or landlord may be liable for a slip and fall in an apartment building if they failed to:

• Remove ice or snow in a reasonable timeframe.
• Apply salt or sand to icy areas.
• Address known hazards that contributed to the fall.

Common Causes of Slip and Fall Accidents in Apartment Buildings

Slip and fall accidents in apartment buildings can occur due to a variety of hazardous conditions, especially during Omaha’s winter months. Understanding the most common causes of these accidents can help individuals recognize dangers and take necessary precautions.

Some of these factors include:

• Negligent ice removal – Landlords delaying or failing to clear ice and snow.
• Poor lighting – Inadequate lighting can make icy patches difficult to see.
• Lack of salt or sand application – Slippery walkways increase the risk of falls.
• Structural defects – Uneven pavement, poor drainage, or sloped walkways can worsen icy conditions.
• Downspout runoff – Water from downspouts can pour onto sidewalks or parking lots, where it freezes or re-freezes, creating hazardous ice patches.

What to Do After a Slip and Fall on Ice at an Apartment Complex

Steps to Take Immediately After the Fall

If you slip and fall on ice at an apartment complex, the first thing you should do is seek medical attention, even if your injuries seem minor. Some injuries may not be immediately apparent but could worsen over time. Next, document the scene thoroughly by taking photos of the icy conditions, any lack of snow removal, and poor lighting that may have contributed to the accident. If there were any witnesses, collect their contact information, as their statements could be valuable in supporting your claim. Finally, report the incident to the landlord or property manager in writing to ensure there is an official record of the accident.

Why Evidence is Crucial in a Slip and Fall Claim

Gathering strong evidence is essential in a slip and fall claim because it establishes liability and proves the extent of your injuries. To successfully hold a landlord accountable, you must demonstrate that they knew or should have known about the hazardous conditions and failed to address them. Key evidence includes photos and videos of the icy area and weather conditions at the time of the fall, maintenance records to check if snow and ice were properly managed, witness testimony supporting your claim, and medical records connecting the fall to your injuries. Additionally, keeping copies of communication with the landlord or property management about hazardous conditions can further support your case. Without solid evidence, it may be difficult to prove negligence and secure compensation for your injuries.

Legal Options for Icy Slip and Fall Victims

Can You Sue Your Landlord for a Slip and Fall in an Apartment Building?

If a landlord’s negligence led to your accident, you may be able to file a personal injury claim. To establish liability, you must prove:

• The landlord had a duty to maintain safe conditions.
• They were aware (or should have been aware) of the hazardous ice.
• They failed to take reasonable steps to remove or treat the ice.
• Their negligence directly caused your injuries.

How Much Are Apartment Slip and Fall Settlements Worth?

The value of a slip and fall apartment complex settlement depends on several factors, such as:

• Medical expenses – Current and future medical bills related to the injury.
• Lost wages – Compensation for time off work and reduced earning capacity.
• Pain and suffering – Physical and emotional distress caused by the accident.

Settlements can range from a few thousand dollars to six figures, depending on the severity of the injury and the degree of negligence involved.

Preventing Slip and Fall Accidents at Apartment Complexes

Tenant and Landlord Responsibilities

Both tenants and landlords play a role in preventing slip and fall accidents. Tenants should report icy conditions to the landlord promptly, wear appropriate footwear for icy conditions, and be cautious when walking on potentially slippery surfaces. On the other hand, landlords have a responsibility to regularly clear snow and ice from walkways, apply salt, sand, or de-icing chemicals to high-risk areas, fix any structural issues that make icy conditions more dangerous, and ensure that downspouts direct water away from walkways to prevent ice buildup. By working together, tenants and landlords can reduce the risks associated with icy conditions and help prevent serious injuries.

Get Legal Help for Your Slip and Fall Accident

If you’ve suffered a slip and fall on ice at an apartment complex, you may be entitled to compensation. Bottlinger Law L.L.C. has extensive experience handling slip and fall cases in Omaha, Nebraska. We understand the challenges of proving liability in these accidents and are committed to fighting for your rights. Contact an Omaha apartment slip and fall lawyer today at (402) 505-8234 for a free consultation and let us help you pursue the compensation you deserve, including medical expenses, lost wages, and pain and suffering.