• 2008 - Ice and Snow
  • C-16.07
    • Streets And Sidewalks
    • Tort Liability
    • Tort Liability

  • The accumulation or presence of ice and snow on property does not in of itself establish fault by a defendant.

     

    [[For injuries on common approaches next to or attached to a building]. A person has a duty to maintain this area of the property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury, the seriousness of the injury and the burden of avoiding the risk of injury.]

     

    [[For injuries on premises remote or abutting]. A person has no duty to remove natural accumulations of ice and snow from this area of the property. A person may, however, be at fault for an act or omission that created an unnatural condition on this area of the property that is unreasonably dangerous or more hazardous due to that person’s conduct.]

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    • Fast v. State, 2004 ND 111, ¶ 12, 680 NW2d 265
    • Green v. Mid Dakota Clinic, 2004 ND 12, ¶ 8, 673 NW2d 257
    • Makeeff v. City of Bismarck, 2005 ND 60, 693 NW2d 639
    • Skjervem v. Minot State University, 2003 ND 52, 658 NW2d 750
  • Notes: The Court will have to decide what bracketed language to give based on where the injury occurred. This instruction may not cover all circumstances. In cases where there is a question of fact as to where the injury occurred, the Court may need to give a special interrogatory to determine which duty applies. For claims involving injuries to persons occurring on municipally owned streets or sidewalks, see NDJI C-16.10 (2006) and NDCC 40-42-05. For injuries occurring on a street or a public sidewalk abutting State-owned property, see NDJI C-16.09.