Hailstorm Injuries: Can You Seek Compensation for Your Losses?

Hailstorm Injuries: Can You Seek Compensation for Your Losses?

• Apr 1, 2025
• Admin

Hailstorms can be dangerous, causing severe injuries and significant property damage. Large hailstones can fall at speeds of up to 100 mph, making them a serious hazard. While most people think of vehicle or roof damage after a hailstorm, personal injuries are also common. If someone is hurt due to hail, the question arises: Can they take legal action?

In some cases, hailstorm-related injuries are unavoidable. However, there are situations where negligence plays a role, making a lawsuit possible. Understanding liability, duty of care, and legal options is crucial for those seeking compensation. A personal injury consultation can help determine if a claim is valid.

When Is a Property Owner Liable for Hailstorm Injuries?

Property owners have a legal duty to maintain safe conditions for visitors. If someone is injured due to unsafe conditions during or after a hailstorm, the owner could be held responsible. Here are a few scenarios where liability may apply:

Unsafe Parking Lots or Walkways

Hail can create slippery surfaces, leading to dangerous falls. Business owners, landlords, and property managers must take reasonable steps to clear hail from walkways, stairs, and parking lots. If they fail to do so within a reasonable time, and someone gets injured, they could face legal consequences.

Falling Ice or Hail from Buildings

Hailstones or ice accumulating on roofs, awnings, or ledges can break loose and fall on pedestrians. If a property owner knows about this risk but does nothing to prevent it, they may be held accountable for injuries caused by falling debris.

Structural Collapses Due to Hail Damage

In some cases, a hailstorm may weaken a structure, such as a poorly maintained roof or sign. If a structure collapses and injures someone, the owner or business could be liable for failing to address maintenance issues before the storm.

Employer Responsibility for Hailstorm-Related Injuries

Employers are required to provide a safe work environment, even during extreme weather. If a worker is injured by hail while on the job, they may be eligible for workers’ compensation. However, if the injury occurred due to negligence—such as being forced to work in unsafe conditions—a personal injury lawsuit may be an option. A personal injury firm can assess whether a claim should be filed against the employer.

Vehicle-Related Hailstorm Injuries: Who Is Responsible?

Hail can cause serious injuries if someone is inside or near a vehicle during a storm. Liability may depend on the circumstances:

• Public Parking Areas: If a parking structure is poorly maintained and collapses due to hail, the property owner may be responsible for any resulting injuries.
• Rideshare or Public Transportation: If a passenger is injured in a hailstorm while using a rideshare service or public transit, liability may depend on whether the driver or company took reasonable precautions.
• Negligent Drivers: If a driver loses control of a vehicle during a hailstorm due to reckless driving, they may be held liable for any injuries caused.

Proving Negligence in a Hailstorm Injury Case

To file a successful claim, an injured party must prove that negligence played a role in their injury. This generally involves:

Duty of Care: Showing that the defendant (property owner, employer, or another party) had a duty to keep others safe.

Breach of Duty: Demonstrating that the responsible party failed to take reasonable safety measures.

Causation: Proving that the breach directly led to the injury.

Damages: Providing evidence of medical expenses, lost wages, and other losses caused by the injury.

A personal injury consultation can help gather the necessary evidence and build a strong case.

What Compensation Can an Injured Person Receive?

If a lawsuit is successful, compensation may cover:

Medical Bills: Emergency treatment, surgeries, rehabilitation, and ongoing care.

Lost Income: Wages lost due to the inability to work during recovery.

Pain and Suffering: Compensation for physical and emotional distress caused by the injury.

Long-Term Disability: If the injury results in permanent impairment, additional compensation may be awarded.

How Long Do You Have to File a Lawsuit?

Each state has a statute of limitations that determines how long an injured person has to file a lawsuit. In most states, personal injury claims must be filed within two to three years from the date of the injury. Failing to meet the deadline can result in losing the right to seek compensation.

Speaking with a personal injury firm soon after the incident can help ensure the claim is filed on time.

Steps to Take After a Hailstorm-Related Injury

If someone is injured due to hail, taking immediate action can help protect their rights:

Seek Medical Attention: Even if the injury seems minor, a medical evaluation is important.

Document the Scene: Take photos or videos of the hazardous condition that caused the injury.

Collect Witness Information: If anyone saw what happened, their statements may support the claim.

Report the Incident: Notify the property owner, employer, or relevant party about the injury.

Consult a Lawyer: A personal injury consultation can determine whether legal action is appropriate.

Conclusion: Legal Support from Bendell Law Firm, PLLC

Hailstorms are unpredictable, but injuries caused by negligence should not be ignored. When property owners, employers, or drivers fail to take necessary precautions, they may be held responsible. If negligence played a role in a hailstorm-related injury, legal action may be necessary to recover damages.

At The Bendell Law Firm, PLLC, Attorney Jim Bendell provides strong representation for those who have suffered serious injuries in northern Idaho. Known as the bulldog of justice, Attorney Bendell fights for individuals who have been wronged, ensuring their voices are heard. Clients receive personalized attention and dedicated representation, with direct access to an attorney who truly cares about their case.

If you or a loved one has been injured in a hailstorm due to someone else’s negligence, don’t wait. Contact The Bendell Law Firm, PLLC today to discuss your legal options and pursue the compensation you deserve.