I fell on Black Ice. Do I have a case? Black ice is typically caused by one of two things. It’s either a natural weather event or it’s caused by a condition of the property that is allowing water to accumulate and freeze on a specific area. If it’s the latter of these two conditions that is causing the black ice condition you may have a claim. If, however, it’s just a natural weather condition creating black ice that’s smooth, that is naturally accumulating on the property, you more than likely do not have a claim. In Western Pennsylvania we have a wintery climate, ice is part of our life. If that icy condition that you slipped on is just caused by the weather, then you do not have a claim. If, on the other hand, a drainage situation is creating an unnatural accumulation of black ice then you may have a claim against the property owner who is causing or allowing that defective condition to exist.
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