At Allin / Rose Consulting, Inc., we believe we are the premiere snow and ice consultants in the United States. Whether you are building a case for damages or defending yourself in the wake of an injury or property damage claim, we are your best resource.
Liability for snow and ice removal is governed by a complex array of federal, state and local ordinances, ranging from the Americans with Disabilities Act, to recent case law in state or federal court. There is no chance someone without decades of dedicated experience exclusive to the field of snow and ice removal can have a comprehensive understanding of all of the issues or all of the points of exposure when it comes to filing or defending a claim for personal injury, property damage, or other issues involving the accumulation or removal of snow and ice.
Because our practice focuses on all aspects, from snow removal plans, to the selection and purchase of equipment, to litigation in the wake of an accident or other damages, there is no replacement for having Allin / Rose Consulting, Inc., in your corner during litigation.
Snow Removal: Plaintiff Litigation
Plaintiff counsel, even if well-versed in slip-and-fall or property damage litigation, may build these cases from moment of injury without a full understanding or appreciation of all of the aspects that go into mitigating snow and ice hazards, including:
- Design and construction: Poor drainage, obstructed sidewalks, inadequate visibility, and snow and ice accumulation, most often involve poor planning and design, even when inadequate removal is a factor of causation. Because we work to incorporate snow and ice removal into the design of projects ranging from airports to shopping malls and apartment complexes, our knowledge and experience is invaluable when it comes to flagging or defending against design and construction issues involved in creating a hazardous situation. For us, since we are not engineers or architects, we have to deal with what the existing design is. So in the litigation aspect we don’t comment on the fact that there is a poor design but what has to be done to accommodate for the conditions created because of the poor design.
- Snow response plans: When a property owner’s plans for snow and ice mitigation is hoping the plow shows up, dangerous conditions typically result. A proper snow response plan is created, but updated as needed. It should address sidewalk and crosswalk safety as well as visual obstructions created by plowed snow and dangers created by melting snow and runoff. Choice of snow plowing contractors, equipment, and ice-melting products can also impact safety.
- Legal compliance: Legal obligations can involve federal, state or local authorities, and may depend on what type of property (commercial, industrial, institutional, private) is involved. In many cases, conflicting or unclear obligations may be present, which may or may not have been addressed by previous court decisions. Allin / Rose Consulting, Inc., is among the most knowledgeable resources available to you.
- Third-Party Liability: Those responsible for an incident not only include a property owner or manager, but may also include a snow-removal company, design or construction firm, neighboring property owner, or other employee, customer or guest. Even the manufacturer or distributor of snow removal or ice-melting equipment may be partially to blame.
Because Allin / Rose Consulting, Inc., has extensive experience in all aspects of snow and ice mitigation and removal, there is no better resource when it comes to building a case for damages in the wake of an accident.
Snow Removal: Defense
There may be no other entity in the United States with more experience when it comes to reducing liability and defending against snow and ice mitigation claims than Allin / Rose Consulting, Inc. The best defense is a good offense. Still, it is often not until a serious injury or property damage claim has been filed that we are contacted to help.
The primary areas a defense team needs to fully understand when it comes to defeating a claim include:
- Snow response plan: One of the first things a plaintiff’s attorney will do is look to the snow response plan of a property owner and/or manager as well as the service provider. They may also be monitoring ongoing snow removal activities at the location. This is another reason why contacting Allin / Rose Consulting, Inc., as soon as possible is among the best things you can do when it comes to building a winning defense.
- Equipment and materials: What are you using to remove snow and melt ice? A knowledgeable expert in snow and ice removal knows not all products are created equally. We can help you determine whether adequate equipment was being used, as well as help build defenses for anticipated claims.
- Legal compliance: What did you do? What were you obligated to do? Says who? What do ordinances say in your jurisdiction regarding gaps in legal requirements? We have extensive experience in reviewing all aspects of these types of cases.
- Third-party liability: Even in cases where your client is clearly exposed to liability, determining whether other parties share responsibilities can reduce the financial risks by mitigating plaintiff’s claims for damages against you.
Whether you are looking to build a case for damages, or need to defend against a pending case, contacting Allin / Rose Consulting, Inc., puts extensive experience in your corner when it comes to litigating all aspects of ice and snow removal claims.
