After a snowstorm, the city needs to remove snow from the roadways as quickly as possible to open traffic areas and prevent slip and fall injuries. This does not mean, however, that all roadways will be instantly clear or that there won’t be some slippery spots. The city may be held partially at fault for any injuries that you suffered from slipping on the crosswalk, but it is unlikely that the city will bear full liability for any damage that may have occurred.
Slip and Fall Injuries and Comparative Negligence
When you speak of the city being held "liable," you are essentially talking about a personal injury lawsuit. In most jurisdictions in the United States, such lawsuits are based on negligence and seek monetary damages to compensate the victim for the defendant's wrongdoing. This sort of lawsuit can determine fault and apportion damages according to a set of principles called “comparative fault,” or “comparative negligence.”
Comparative fault means that the court doesn’t just assess how much the defendant may have been at fault for your injury; it also assesses what role you may have played in your own slip and fall incident. In “comparative fault” states, your “percentage” of fault is compared with the defendant’s percentage. If you are found to be just as responsible as the defendant for your own injury, then you cannot recover damages. In some other jurisdictions, you have to bear greater responsibility for your own injury (51 percent at fault vs. the defendant’s 49 percent) in order to be barred from recovering damages. If your level of fault does not reach the 50 percent mark, then your lawsuit will not be barred, but the award will be reduced by the percentage equivalent to your level of fault.
In a minority of jurisdictions, if you are held to be at fault in any way (1 percent at fault vs. the defendant’s 99 percent), then you are still barred from recovery. Very few states use this standard for determining fault in a slip and fall incident, but it could be relevant in your city. The standard is called "contributory negligence." You’ll have to speak to a personal injury attorney to determine the standards that apply in your area.
Comparative Negligence in Your City
Unless your slip and fall injuries were particularly severe, it is unlikely that you will actually realize any significant damages from such a lawsuit. Both the government’s insurance adjusters and a jury will be likely to find that you should have been more careful crossing the street, understanding that the street would probably be slippery after a snowstorm. Again, if your slip and fall injuries are serious and the amount of money involved is striking, you may want to contact a lawyer in your area and discuss the results of a possible lawsuit.