Slip and Fall on Ice? How Utah’s Weather Affects Liability Claims
- Gabriel White
- Oct 13
- 6 min read

Utah winters have a beauty all their own — quiet mornings when snow blankets the Wasatch, sunlight catching ice crystals on the sidewalks, and ski traffic winding its way through the canyons. But for many people, that beauty comes with danger.
Each winter, hospitals across the state see hundreds of injuries from slip-and-fall accidents on ice. A quick errand or a walk to the mailbox can turn into a broken wrist, hip fracture, or concussion.
When those injuries happen, people often ask the same question: who’s responsible? Is it the property owner, the city, or just bad luck?
The answer depends on where it happened, what the conditions were, and whether someone failed to take reasonable steps to keep the area safe.
The Utah Winter Problem
Snow and ice are part of life here, but Utah’s freeze-thaw cycles make them particularly treacherous. A sidewalk that’s clear at noon can be a sheet of black ice by dusk. Businesses and homeowners are required by local ordinances to clear sidewalks within a certain time after a storm — but not everyone follows through.
Municipal codes in places like Salt Lake City, Ogden, and Provo generally require property owners to remove snow and ice from sidewalks adjacent to their property within 24 hours after snowfall. That rule sounds straightforward until you realize how unpredictable Utah weather can be.
Sometimes, it snows overnight, melts in the afternoon, then refreezes by morning. Even diligent owners can find themselves with icy patches they didn’t anticipate. That’s where the law draws a line between “reasonable effort” and negligence.
The Duty to Keep Property Safe
Under Utah law, property owners have what’s called a “duty of care” to keep their premises reasonably safe for people who are legally on their property — customers, tenants, and invited guests.
That duty includes removing snow and ice, sanding or salting slippery areas, and warning visitors about dangerous conditions when immediate cleanup isn’t possible.
If they fail to do so and someone gets hurt, they can be held liable under premises liability law.
But the law also recognizes that ice and snow aren’t entirely avoidable. Utah courts apply what’s known as the “open and obvious” rule — if a hazard is so visible that a reasonable person could have avoided it, the injured person’s compensation may be reduced or even denied.
That balance between property owner responsibility and personal awareness is at the heart of most winter slip-and-fall cases.
A Client’s Story: The Grocery Store Parking Lot
A few winters ago, I represented a woman who slipped on ice outside a grocery store in Sandy. He’d gone out on a Sunday morning to grab coffee and groceries. Overnight, freezing rain had coated the parking lot in a thin layer of clear ice.
The store had plowed the lot early that morning but hadn’t salted it. By the time Dale arrived, the sun had come up just enough to make the surface look wet instead of frozen. He stepped out of his car, took two steps, and went down hard. The fall shattered his ankle and required surgery.
It was a difficult case because the store argued that they had “taken reasonable steps” by plowing and that the danger was “open and obvious.”
Fortunately, I was able to obtain security footage showing that employees had walked through the same area earlier, nearly slipping themselves, and had even commented about it on the recording. We used that evidence to prove the store knew about the ice but failed to address it.
She won his case and recovered for his medical bills, lost wages, and pain and suffering.
That case stuck with me because it showed how a single overlooked detail — in this case, forgetting to salt — could change someone’s entire winter.
The Challenge of Proving Liability
Slip-and-fall cases might sound simple, but they’re some of the most technical personal injury cases to prove. The injured person must show that:
The property owner knew or should have known about the icy condition.
The owner had a reasonable opportunity to fix it.
The failure to act caused the injury.
Evidence often includes photos taken right after the fall, maintenance logs, witness statements, and weather data. Timing is everything — if you wait too long to document the scene, the ice may melt, making it difficult to prove what conditions were like when the injury occurred.
That’s why I always tell clients: if you fall on ice, take photos immediately, report it to the property manager, and get medical attention. Even minor-looking injuries can worsen over time, especially joint or head trauma.
How Comparative Fault Works in Utah
Utah uses a comparative fault system, which means more than one person can share responsibility for an accident.
If a property owner failed to clear the ice but the injured person wasn’t watching where they were walking or wore shoes with poor traction, both parties may be assigned a percentage of fault.
As long as the injured person is less than 50 percent responsible, they can still recover damages — reduced by their share of fault.
For example, if you’re found 20 percent at fault and your total damages are $100,000, you can recover $80,000.
That’s why it’s important to have someone on your side who can gather the right evidence and argue those percentages fairly. Insurance companies will almost always try to pin at least some of the blame on the person who fell.
Common Places for Winter Falls
Some of the most frequent locations for winter slip-and-fall accidents include:
Grocery store and retail parking lots
Apartment complex walkways
Business entrances and sidewalks
Public transportation stops
Driveways and loading docks
Each type of property has different standards of care. Commercial properties are held to higher expectations than private homeowners, and government entities, like cities or counties, are protected by stricter notice and filing rules.
If you’re injured on government property — like a city sidewalk or at a public building — you typically have only one year to file a notice of claim under Utah’s Governmental Immunity Act. Missing that deadline can mean losing your right to compensation entirely.
Insurance and Settlements
Most winter injury claims are handled through property insurance — usually a commercial liability or homeowners policy.
In many cases, the insurance adjuster will inspect the site and take statements quickly. It’s best not to sign anything or give recorded statements without legal advice. Adjusters may appear friendly but are trained to minimize payouts.
I’ve seen people accept small settlement offers for serious injuries simply because they didn’t realize how expensive recovery would be. An ankle fracture that seems straightforward can lead to months of lost work, physical therapy, and long-term mobility issues.
Preventing Winter Falls
While not every accident is avoidable, a few precautions can reduce risk:
Wear shoes or boots with good traction.
Watch for shaded areas — ice often lingers there even after the sun comes out.
Walk slowly and take shorter steps on slick surfaces.
Avoid carrying heavy loads that affect balance.
Use handrails whenever possible.
And for property owners: shovel early, salt often, and document your maintenance. A few extra minutes of care can prevent both injuries and lawsuits.
Why These Cases Matter
At first glance, a slip-and-fall on ice might sound minor compared to other accidents. But the truth is, these injuries can be devastating — especially for older adults. A hip fracture or head injury can lead to long-term pain, surgery, or even permanent disability.
Holding property owners accountable isn’t about punishment; it’s about prevention. Every case that forces a business or landlord to take winter safety seriously helps protect the next person who walks through that same parking lot or stairway.
Final Thoughts
Utah’s winters will always bring snow, ice, and cold mornings. But they don’t have to bring avoidable injuries. When property owners take reasonable steps to keep walkways safe — and when injured people know their rights — accountability becomes the best path to prevention.
If you’ve been hurt after slipping on ice or snow, The Legal Beagle can help. We’ve handled countless winter injury claims across Salt Lake, Utah, and Davis Counties, and we know how to build a case that stands up to insurance companies and property owners alike.
Call us today for a free consultation at (801) 915-6152
, or visit mylegalbeagle.com to schedule a case review. We’ll help you determine what went wrong, who’s responsible, and how to recover — so you can focus on healing and getting back on your feet.

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