Navigating Winter Weather: Slip & Fall Injuries in Toledo, Ohio
- Vignesh Ramakrishnan
- Feb 7
- 4 min read
As the residents of Toledo burrow into the warmths of their homes, sweaters, and snowshoes, bracing themselves for the upcoming snowy weather - the winter of 2024-2025 has brought unique challenges to Toledo residents, with recent February snowfall and temperature fluctuations creating hazardous conditions across our community. Winter weather can transform familiar pathways into potential hazards leading to a rise in Slip & Fall accidents. But if we embrace the spirit of Oscar Wilde’s quote: “Wisdom comes with Winters”, and understand some critical aspects of winter safety and our legal rights, we can indeed be better prepared than Ned Stark for when winter comes.
Understanding Toledo's Winter Landscape
Toledo's winter weather patterns have evolved significantly in recent years (what with Global Warming, and a La Niña winter). While this season has been relatively mild compared to historical averages, February 2025 brought substantial snowfall, with many areas experiencing 2-3 inches of accumulation. These conditions, combined with temperatures ranging from 10.4°F to 35.6°F (-12°C to 2°C), and the freeze-thaw cycle characteristic of Toledo winters create the perfect setting for slip and fall incidents.
During the day, temperatures might rise just enough to melt surface snow and ice, only to refreeze overnight, creating treacherous black ice (also known as ‘clear ice’) conditions that are nearly invisible to pedestrians and drivers alike.
Legal Framework: Property Owner Rights and Obligations
The Ohio Supreme Court has provided clear guidance on property owner obligations during winter conditions, acknowledging a fundamental truth: "Living in Ohio during the winter has its inherent dangers." This recognition of basic common sense and logic, as with most legal principles, forms the foundation of the Buckeye State's approach to winter-related premises liability.
Key Legal Principles
Natural Accumulation Doctrine:
Property owners generally have no duty to remove or warn about naturally accumulated snow/ice
Natural accumulation refers to weather-related accumulation through:
Low temperatures
Strong winds
Drifting snow
Natural freeze-thaw cycles
The "Obvious and Apparent Dangers" Doctrine:
Everyone bears responsibility for recognizing winter weather risks
Visitors must exercise reasonable caution given obvious weather conditions
Property owners benefit from reduced liability for natural accumulations
Unnatural Accumulation Exceptions:
However, if snow/ice has been ‘unnaturally accummulated’ by the acts of the owner, then the doctrines mentioned above won’t benefit the owner.
Primary triggers for liability that have been recognized so far are:
Drainage system issues
Gutter problems
Structural leaks causing unusual ice formation
Important distinction: Snow removal that exposes underlying ice doesn't create "unnatural" accumulation.
Business Owner Enhanced Duty:
Higher standard of care for business invitees (although this doesn’t apply to the snow that has formed through ‘natural accumulation’, and is ‘obvious and apparent’.)
Business Owners must address conditions that are "substantially more dangerous" than can be reasonably anticipated. For example: Snow-covered structural hazards or snow-filled drains/holes that are deep, require intervention.
Initiatives by the City of Toledo and specific Compliance
All Property owners (Residential/Commercial/Industrial) must comply with Toledo Municipal Code 521.01, requiring snow/ice removal from public walks within twenty hours of accumulation. This local requirement creates an additional layer of responsibility beyond state-level obligations.
The City of Toledo has also spearheaded some unique initiatives to address the problems that typically arise with winters:
The Toledo Snow Angels program, a volunteer driven community program to assist the elder and persons with physical handicaps with snow and ice removal;
Warming centers that are available for use to residents during severe snow storms and weather events.
Regular plowing and snow treatment by the City of Toledo, to keep roads safe and clean.
Practical Risk Management Strategies
For Property Owners
Regular Property Assessment:
Document inspection routines
Maintain detailed maintenance logs
Identify and repair drainage issues
Monitor weather forecasts for proactive response
Risk Mitigation Measures:
Install adequate lighting
Maintain proper drainage systems
Consider professional snow removal services
Document all winter weather preparations
For Pedestrians
Being aware of your surroundings and being tuned to regular weather updates.
Staying indoors when possible, and avoiding going out when inclement weather is likely.
Research-based safety techniques can significantly reduce fall risk. The "Penguin Walk" technique (Ah yes! The meme was foreshadowing this) can help you walk with a better grip and reduce falls by:
Centering gravity directly over feet
Taking short, shuffle-like steps
Maintaining free arms for balance
Avoiding load-carrying when possible
Post-Incident Protocol: Immediate Response Checklist
Medical Documentation:
Seek immediate medical attention
Document all injuries thoroughly
Maintain treatment records
Scene Documentation:
Photograph conditions extensively
Record weather conditions
Collect witness information
Preserve incident-related clothing
Legal Documentation:
Note exact time and location
Document any visible hazards
Record property owner response
Track all related expenses
Looking Forward: Preventive Legal Strategy
As we navigate through this winter season, remember that while the law provides remedies for winter-related injuries, prevention remains the optimal strategy. The Ohio Supreme Court's acknowledgment that property owners shouldn't face "the perpetual threat of seasonal civil liability" provides property owners with some seasonal respite, but underscores the importance of personal responsibility in winter safety.
Stay informed, stay prepared, and remember that in Toledo's winter landscape, understanding both your rights and responsibilities is as crucial as understanding the weather itself.
If you were involved in a slip and fall accident, you may be entitled to compensation for your injuries, medical expenses, loss of future income, and the like. Reach out to a lawyer today to evaluate your case and get the best professional legal advice.
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