If you were injured in a slip and fall caused by refreezing conditions, it’s normal to feel overwhelmed by everything that follows. You don’t have to manage this process on your own. The attorneys at Malloy Law Offices focus on personal injury cases throughout the DMV and understand how challenging slip and fall claims can be. Our experienced, diverse team can handle the legal process, pursue accountability, and fight for the compensation you deserve, allowing you to focus on healing. Contact Malloy Law Offices today for a free consultation and to learn how we can help.
Snow, Melt, Slip, Ouch: Refreezing Slip and Fall Accidents
Below-freezing temperatures have wasted no time in arriving in our region. But while we’ve seen brief dustings of snow and sleet, any significant volume of snow will likely not arrive until the new year. This is often the progression of seasonal weather patterns in the winter, but this doesn’t mean that there’s no danger of the icy, slippery conditions lifelong residents of colder climates know all too well. In periods where the temperature rises above and dips below freezing in one day, it’s fairly common for a light dusting of snow to become treacherous sheets of ice or for rain to linger in gutters and on sidewalks as black ice for extended periods of time. These refreezing incidents can often catch pedestrians unaware and lead to serious injury. Today’s Malloy Law blog post will cover refreezing slip and fall accidents and highlight some of the danger areas for this phenomenon.
How the Freeze–Melt–Refreeze Cycle Creates Black Ice
Black ice typically forms when temperatures fluctuate around freezing. During the day, sunlight, vehicle traffic, or warmer air can melt snow and ice. That water then spreads across pavement, concrete, or asphalt. When temperatures drop again—often overnight—the water refreezes into a thin, transparent layer of ice.
Because black ice blends in with dark pavement, it’s difficult to detect until it’s too late. Unlike packed snow or visible ice, pedestrians often don’t realize there’s a hazard until they lose their footing. These sudden, unexpected falls are a major cause of winter slip and fall injuries.
Common Areas Where Refreezing Slip and Fall Accidents Occur
Black ice does not form randomly. Certain locations are especially prone to freeze–melt–refreeze conditions and deserve heightened attention from both pedestrians and property owners.
Sidewalks and walkways
Sidewalks that receive partial sunlight during the day often melt unevenly. When the sun sets, these damp surfaces refreeze quickly. Sidewalks that pass through private property—such as apartment complexes, shopping centers, or office parks—are especially vulnerable.
Parking lots and garages
Vehicle heat and tire friction melt snow during the day. Overnight, that runoff refreezes into slick patches, particularly in shaded areas or near storm drains.
Sloped surfaces and ramps
Water naturally flows downhill. Driveway slopes, ADA ramps, and curb cuts tend to collect meltwater, increasing the risk of refreezing.
Areas near downspouts or drainage points
Roof runoff and improperly directed drainage can deposit water directly onto sidewalks. If this water freezes, it can create recurring ice hazards in the same spot night after night.
Shaded or north-facing areas
Sections of pavement that receive little sunlight may remain icy long after other areas have dried, creating inconsistent walking conditions that catch pedestrians off guard.
Injuries Commonly Caused by Refreezing Slip and Fall Accidents
Slip and fall accidents on black ice often happen suddenly and violently, leaving little time to brace for impact. Common injuries include:
- Wrist and arm fractures from instinctive bracing
- Hip fractures, especially among older adults
- Knee and ankle injuries
- Concussions and traumatic brain injuries
- Herniated discs and spinal injuries
These injuries frequently require extended medical care, physical therapy, and time away from work—turning what seemed like a routine walk into a major disruption.
Premises Liability and Property Owner Responsibilities
Under premises liability law, property owners and occupiers have a duty to maintain reasonably safe conditions for people who are lawfully on their property. While property owners are not expected to eliminate every winter hazard instantly, they are expected to take reasonable steps once they know—or should know—about a dangerous condition.
When it comes to black ice, liability may arise when:
- Ice repeatedly forms in the same location due to drainage or design issues
- A property owner observes icy conditions but fails to salt, shovel, or warn
- Sidewalks running through private property are left untreated despite foot traffic
- A known freeze–thaw pattern creates predictable hazards that go unaddressed
Courts often look at whether the icy condition was temporary and unavoidable—or whether it was ongoing, observable, and preventable with reasonable maintenance.
Why Black Ice Cases Are Often Disputed
Slip and fall claims involving black ice are frequently challenged by insurance companies. Defendants may argue that the ice was “natural,” that the pedestrian should have been more careful, or that the condition appeared too recently to address. That’s why documentation matters. Photographs, witness statements, weather data, and maintenance records can all play a critical role in determining liability.