Property owners have a legal duty to maintain safe premises. When dangerous
conditions cause injuries, we hold negligent owners accountable.
Slip and fall accidents, more broadly known as premises liability claims, occur when a property owner’s failure to maintain safe conditions causes injury to a visitor, customer or tenant. These accidents can happen anywhere: in grocery stores, parking lots, apartment buildings, office complexes, restaurants and private homes. In Minnesota’s climate, ice and snow create additional hazards.
At Birkholz Law, we represent slip and fall victims in Southern Minnesota who have been injured due to dangerous property conditions. While insurance companies often try to dismiss these claims as minor or blame the victim, the reality is that these accidents can cause serious injuries including broken bones, hip fractures, traumatic brain injuries, spinal injuries and torn ligaments.
Minnesota premises liability law requires property owners to exercise reasonable care to maintain their property in a safe condition and to warn visitors of known hazards.
Minnesota premises liability law is based on the duty of care that property owners owe to people who enter their property. The level of duty depends on the visitor’s status: invitees (customers, business visitors) are owed the highest duty of care, the property owner must inspect for hazards and take reasonable steps to correct them or warn of their existence.
Licensees (social guests) are owed a duty to warn of known hazards. Trespassers are generally owed only the duty to refrain from willful or wanton harm, with exceptions for child trespassers under the attractive nuisance doctrine.
Minnesota’s harsh winters create significant slip and fall hazards, and ice and snow claims are among the most common premises liability cases in the state. Under Minnesota law, property owners have a duty to exercise reasonable care in removing ice and snow from their premises within a reasonable time after accumulation.
Commercial property owners who hire snow removal contractors may still be liable if the contractor performs inadequately. Our attorneys investigate the property owner’s snow removal policies and practices to establish negligence.
To succeed in a slip and fall claim, you must prove that: (1) the property owner owed you a duty of care; (2) a dangerous condition existed on the property; (3) the property owner knew or should have known about the condition; (4) the property owner failed to take reasonable steps to correct or warn of the condition; and (5) the dangerous condition caused your injury.
Evidence is critical in these cases — photographs of the hazard, incident reports, surveillance video, witness statements, and maintenance records can all help establish liability. Our attorneys move quickly to preserve evidence before it is lost or destroyed. We send spoliation letters to property owners and businesses demanding that they preserve surveillance footage and maintenance logs, which are often deleted on short cycles.
Retail stores, grocery stores, restaurants and other commercial establishments owe the highest duty of care to their customers. Under Minnesota premises liability law, commercial property owners must regularly inspect their premises for hazards, promptly clean up spills and debris, maintain adequate lighting, keep walkways clear and in good repair, and warn customers of known hazards that cannot be immediately corrected.
Retail stores, grocery stores, restaurants and other commercial establishments owe the highest duty of care to their customers. Under Minnesota premises liability law, commercial property owners must regularly inspect their premises for hazards, promptly clean up spills and debris, maintain adequate lighting, keep walkways clear and in good repair, and warn customers of known hazards that cannot be immediately corrected.
Our attorneys obtain and analyze store incident reports, surveillance footage, inspection logs, maintenance records, and employee training materials to build compelling cases. We also investigate whether the property owner hired third-party cleaning or maintenance companies, as these contractors may share liability for dangerous conditions.
Insurance companies frequently argue that the injured person was partially at fault for their fall — for example, by not watching where they were walking, wearing inappropriate footwear or ignoring warning signs. Under Minnesota’s comparative fault system (Minn. Stat. § 604.01), you can still recover damages even if you were partially at fault, as long as your fault does not exceed 50%.
However, your recovery will be reduced by your percentage of fault. For example, if a jury finds you 20% at fault and the property owner 80% at fault, your damages award would be reduced by 20%. Our attorneys work to minimize any fault attributed to our clients by demonstrating that the hazard was not obvious, that the property owner had superior knowledge of the condition, and that our client acted reasonably under the circumstances.
A retired farmer from near Mankato, visits his daughter in a Minneapolis suburb. He walks to a local coffee shop, a daily routine. The path, owned by a commercial property management company, is covered in a thin, almost invisible layer of ice from the previous night’s thaw and refreeze. No salt or sand is visible. He slips, falls backward and strikes his head on the concrete. He is disoriented, his hip is in excruciating pain and he is unable to get up. A passerby calls 911.
At the hospital, doctors diagnose a fractured hip and a concussion. He needs emergency surgery to repair the hip, followed by a lengthy hospital stay. He doesn’t know that the property owner had a duty to keep that walkway safe. He worries about the medical bills, his daughter taking time off work to help him and the long recovery ahead. He wrongly assumes that because it was winter in Minnesota, the fall was just an unavoidable accident and his own fault. He hesitates to contact a lawyer, thinking it would be a frivolous claim.
An experienced personal injury attorney would immediately investigate the incident. They would obtain weather reports for the days leading up to the fall, research the property ownership and management records and identify any contracts for snow and ice removal. The attorney would send a spoliation letter to preserve any video surveillance footage. They would also document the full extent of the man’s injuries and financial losses to build a comprehensive premises liability claim, proving the property owner’s negligence and securing the compensation he deserves for his recovery.
The immediate aftermath of a serious slip and fall is a flood of medical bills. Emergency room visits, diagnostic imaging like X-rays and MRIs, surgery and hospital stays can quickly amount to tens or even hundreds of thousands of dollars. For injuries requiring long-term care, such as traumatic brain injuries or spinal cord damage, the lifetime medical costs can be astronomical. These expenses often fall on the victim and their family when they are least prepared to handle them.
Beyond the direct medical expenses, the financial devastation continues with lost wages. A severe injury can mean weeks, months or even a permanent inability to return to work. This loss of income creates immense stress and can jeopardize a family’s financial stability. Future earning capacity may also be diminished, particularly if the injury prevents a return to a previous career. The need for ongoing physical therapy, home modifications and assistive devices adds another layer of financial burden.
The physical and emotional toll is often the most profound cost. Chronic pain, loss of mobility and dependence on others can lead to depression, anxiety and a diminished quality of life. Family dynamics shift as spouses and children become caregivers, adding strain to relationships. The simple joys of life, like playing with grandchildren or pursuing hobbies, may be lost forever. A slip and fall is never just a minor accident; it is a life-altering event with consequences that ripple through every aspect of a person’s existence.
“It’s winter in Minnesota, so property owners aren’t responsible for ice and snow.” This is false. While property owners are given a reasonable amount of time to clear snow and ice after a storm, they cannot simply let hazards persist indefinitely. They have a legal duty to maintain their property in a reasonably safe condition, which includes addressing foreseeable dangers like refrozen meltwater or accumulated ice. The law recognizes that winter conditions are normal but does not give property owners a free pass to ignore safety.
“If there were no witnesses, I can’t prove my case.” While witnesses are helpful, they are not essential. A strong case can be built using other evidence. Photographs of the hazardous condition taken as soon as possible after the fall are powerful. Weather records can establish the conditions at the time. Maintenance logs, or a lack thereof, can demonstrate negligence. An experienced attorney knows how to gather and present this evidence effectively.
“The property owner immediately offered to pay my medical bills, so I don’t need a lawyer.” An initial offer from an insurance company or property owner is almost always a lowball settlement designed to make you go away quickly. It will not account for future medical needs, lost wages, or pain and suffering. Accepting this offer means signing away your right to any further compensation. You should never accept a settlement without consulting with an attorney who can assess the true value of your claim.
“I was clumsy, so the fall was my fault.” Minnesota follows a modified comparative fault rule. This means you can still recover damages even if you were partially at fault, as long as your fault is not greater than the property owner’s. A jury will assign a percentage of fault to each party. For example, if you were found to be 10% at fault, your total compensation would be reduced by 10%. Do not assume you have no case just because you think you could have been more careful.
Under Minnesota law, all property owners have a duty of reasonable care to ensure their premises are safe for lawful visitors. This is a fundamental legal right established through common law negligence principles. This duty includes inspecting the property for hidden dangers, repairing known hazards and warning visitors of potential risks. When a property owner fails in this duty and you are injured as a result, you have the right to seek compensation for your damages.
For injuries occurring on government property, your rights are governed by the Minnesota Tort Claims Act, specifically Minn. Stat. Chapter 466. While this statute provides some immunity to government entities, it is not absolute. For example, immunity for snow and ice conditions under Minn. Stat. 466.03 does not apply to sidewalks abutting publicly owned buildings. Understanding the exceptions to governmental immunity is critical and requires a detailed legal analysis of your specific situation.
You also have important rights when dealing with insurance companies. You have the right to be treated fairly and to have your claim processed in good faith. You are not required to provide a recorded statement to the at-fault party’s insurance adjuster and it is almost always in your best interest not to do so. You have the right to hire an attorney to represent you and to negotiate on your behalf to ensure you receive a fair settlement that covers all of your losses, not just the immediate medical bills.
A successful slip and fall claim begins with a rapid and thorough investigation. We immediately act to preserve crucial evidence before it can be lost or destroyed. This includes sending spoliation letters to property owners to ensure they do not erase video surveillance footage. We visit the accident scene to take our own photographs and measurements, documenting the exact conditions that caused your fall. We also interview any witnesses who saw the accident or the hazardous condition.
Proving negligence requires establishing that the property owner knew or should have known about the dangerous condition but failed to take reasonable steps to fix it. We examine maintenance records, inspection logs and contracts for services like snow removal. We often find that a property owner had a history of ignoring similar hazards or failed to follow their own safety procedures. In cases involving complex structural defects, we retain engineers and safety experts to provide expert testimony on the nature of the hazard and the applicable safety standards.
Maximizing your recovery means careful ly documenting the full extent of your damages. We gather all of your medical records and bills to create a complete picture of your physical injuries. We work with your doctors to understand your prognosis and the need for any future medical care. We also calculate all of your lost wages and, if necessary, hire vocational experts to assess any loss of future earning capacity. By building a comprehensive and evidence-based claim, we demonstrate the true cost of your injury and fight for the maximum compensation you are legally entitled to receive.
The statute of limitations for premises liability claims is six years from the date of injury (Minn. Stat. § 541.05). However, evidence can be lost quickly — surveillance footage is often overwritten within days or weeks — so contacting an attorney promptly is essential.
Manufacturers can be held liable for defective products regardless of the product’s age. If the manufacturer failed to include adequate safety features, failed to provide retrofit programs or failed to warn of known hazards, they may be liable even for injuries involving older equipment. Modifications by third parties may also create liability for the party who performed the modification.
Property owners have a duty to exercise reasonable care in removing ice and snow within a reasonable time after accumulation. The key question is whether the property owner knew or should have known about the icy condition and whether they took reasonable steps to address it. Factors include how long the ice had been present, whether the property owner had a snow removal contract, and whether the ice was in a high-traffic area.
Yes, if possible. Reporting the fall creates an official record of the incident. Ask the property owner or manager to create an incident report, and request a copy. Also take photographs of the hazard, your injuries, and the surrounding area if you are able to do so.
You can still pursue a claim without witnesses. Circumstantial evidence — photographs, surveillance footage, maintenance records, weather reports, and your own testimony — can establish liability. Our attorneys know how to build strong cases even when direct witness testimony is unavailable.
In most cases, the statute of limitations for a personal injury claim in Minnesota is six years from the date of the injury. However, if your claim is against a city or county government, you must provide formal notice of the claim within 180 days of the injury, as required by Minn. Stat. 466.05.
Even if a hazard seems obvious in hindsight, the property owner may still be liable. The law considers whether the owner should have anticipated that a person might be distracted and fail to notice the danger. If the owner had reason to expect that visitors would not protect themselves against the hazard, they may still have a duty to address it.
Your legal status on the property is important. Property owners owe the highest duty of care to invitees (like customers in a store) and a lesser duty to licensees (social guests). Traditionally, owners owed no duty to adult trespassers to protect them from harm. However, there are exceptions, especially if the owner knows trespassers frequently enter a specific area.
The legal principles are the same, but the application can differ. Commercial properties are held to a high standard because they are open to the public for the owner’s financial benefit. Residential property owners, including landlords, also have a duty to keep their property safe, but the specific obligations may vary depending on the lease and the circumstances.
If you are able, report the incident to the property owner or manager immediately. Seek medical attention for your injuries, even if they seem minor at first. Try to take pictures of the exact location and cause of your fall with your phone. Get the names and contact information of any witnesses. Finally, contact an experienced personal injury attorney before speaking with any insurance adjusters.
The value of your case depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the strength of the evidence proving the property owner’s negligence. An experienced attorney can evaluate these factors and give you an honest assessment of your claim’s potential value. There is no average settlement amount because every case is unique.
Property owners must maintain safe conditions. Contact Birkholz
Law today to learn about your premises liability rights under
Minnesota law.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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