2009 Winter Weather Advisory -- What if I am Sued

2009 Winter Weather Advisory

What could be more unpredictable than the weather? How about your legal obligation if someone sues you for being injured on YOUR property?

You have taken all precautionary measures to clear your sidewalks of snow and ice. You have even posted a sign stating, "Slippery walkways, use caution". The special fast acting salt that usually cracks your concrete has been generously spread about your porch and steps. You smile knowing that, unless a neighbor tossed over a banana peel, your walkways are safe enough for a one year old just learning to how to prance. Are you liable if a person slips and injures themselves after you took the time to be a responsible citizen?

Slip and Fall Accidents Involving Snow or Ice

Most states follow the Natural Accumulation Rule in which case (believe it or not) a property owner has no duty to remove or warn others of the natural accumulation of snow or ice. The rationale for this rule is that the snow is obvious and that the property owner has the right to expect folks will see it and be careful.

HOWEVER......remember this is LIABILITY LAW, full of exceptions.... If a property owner knows that the snow and/or ice might cause a more dangerous condition than what most would expect, they could be considered negligent and liable.

In addition, there is the Unnatural Accumulation of snow and ice whereby the landowner has added to the natural danger by shoveling it into a pile. The snow melts and drips forming a hazardous pond of water which refreezes. Considered an act by a person not by nature, unnatural accumulation is an argument that may be used against the property owner.

In states that do not follow the natural accumulation rule, the landowner must take certain steps to lessen the dangers including removing the snow or ice within a "reasonable time". There is no legal definition of "reasonable time"! Therefore, the state must determine the landowner's amount of legal liability on a case by case basis. Yes, your liability as a property owner may be more unpredictable than the weather!

I am not a lawyer if you have specific law questions please contact an attorney.