Weather is often the cause of outdoor slip and falls. The timing of a weather event is crucial to helping an attorney prove a case. The attorney should request certified weather records to determine what the weather was on the date and time of the accident. The weather records can also be used to help prove when the defendant knew or should have known of the dangerous condition or snow and ice on its property. On the flip side, weather records can also hurt a case. If a person slips and falls on snow and ice in the middle of a storm, the defendant may not be liable for the accident. A defendant will attempt to use the “continuing storm” defense in order to escape liability.
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