January 2018- Legal Snapshot: Snow and Ice Edition
Hello from The Law Office of David S. Adams, see our tip for personal injury and our tip for bankruptcy regarding snow and ice related incidents. Contact us at 913-782-5500 if you need a free legal consultation and we would be happy to help.
So you picked up a massive amount of medical bills from your fall on the ice. Not good. To be eligible to file a chapter 7 bankruptcy and get rid of the overwhelming debt, the debtor must first pass a means test. In Kansas, the current average income for a family of 4 is $83,723 (single person is $49,630). If a household's income is above those numbers it will be difficult to qualify for a chapter 7 bankruptcy (but not impossible depending on particular circumstances). A chapter 13 might be needed to set up a reasonable 3-5 year repayment plan, with any balances owing thereafter getting discharged.
Personal Injury -
A homeowner would not generally be liable for injuries caused by an icy or slippery condition on their property, if recently related to a winter storm. An exception would be if the homeowner was expecting guests or throwing a party, and knew (or should have known) that a walkway at the home was slick. If the storm has passed, it's generally a good idea to get some salt and sand on the problem.