My daughter fell in the parking lot at the local Circle K this morning. She broke her ankle in 3 places and is scheduled for surgery tomorro...

Question

My daughter fell in the parking lot at the local Circle K this morning. She broke her ankle in 3 places and is scheduled for surgery tomorrow. The area was covered in ice. Another customer saw her lying on the ground and called the ambulance. A Police officer was also on the scene who filled out an incident report. What legal recourse does she have? Does Circle K video monitor their parking lots? Can she get a copy of the video? Just to put it out there...the employee NEVER came out while she was lying on the ground

Answer

You should consult with a personal injury attorney to determine your daughter's legal rights. The general rule of thumb is that a property owner has no duty to remove or make safe natural accumulations snow or ice. The rationale is that everyone is assumed to appreciate the risk that snow and ice pose and therefore, everyone is responsible for protecting themselves from the risks posed by ice and snow.

However, a landowner may be responsible for injuries caused by unnatural accumulations of ice or snow. You should review the facts of your case with an attorney to better determine your daughter's legal rights.