Safety and Health Reporter

Snow and Ice Issues

Fairfax Injury Lawyer Brien Roche Discusses Snow and Ice Issues

Brien Roche

Snow And Ice Issues

Snow and ice issues can present a host of different legal problems.  Snow and ice cases from an automotive point of view present interesting issues as to the presence of contributory negligence.  Contributory negligence can be a bar to a plaintiff’s claim.  Snow and ice cases from that point of view need to be looked at closely.  Snow and ice on the roadway means that motorists must exercise increased caution.  If that increased caution is not exercised, that may be contributory negligence.

Snow and Ice Issues-Pedestrians

From the point of view of a pedestrian or person who is walking on another person’s premises, snow and ice cases must be looked at from a point of view of reasonableness.  That is, has the property owner acted in a reasonable fashion in terms of clearing the snow and ice.  If the property owner’s conduct in that regard is not reasonable then that may be a basis for a negligence claim.  The defense that may be asserted in that type of case may be either contributory negligence or assumption of risk.  Assumption of risk simply means that the plaintiff recognized that there was a risk and chose to assume it.

The mere fact that somebody is walking on a pathway that is covered with snow and ice is not necessarily assumption of risk in all cases.  It may be an assumption of risk if the plaintiff had some alternative path to follow.  If there was no alternative path to follow and the plaintiff was out during these inclement conditions out of necessity, any defense of assumption of risk may be defeated.

In general a defendant may wait a reasonable period of time after a storm is finished before removing snow and ice from its premises.

In many instances the ice may be what is referred to as “black ice”.  Black ice implies that the ice itself is not visible because it is on a black surface.  In some instances however the ice may be on a concrete surface which may be tan or white in color.  Either way the ice may not be visible.  If the property owner knew or should have known of the presence of the ice and a reasonable period of time had passed since the last precipitation which caused the ice, then the property owner may be guilty of negligence.

Snow and Ice Issues

For a study of various cases dealing with snow and ice, see the page on this site that constitutes a compilation of snow and ice cases.

See also the page on Wikipedia dealing with premises liability.

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Snow and Ice Issues

Fairfax Injury Lawyer Brien Roche Discusses Snow and Ice Issues

Brien Roche

Snow And Ice Issues

Snow and ice issues can present a host of different legal problems.  Snow and ice cases from an automotive point of view present interesting issues as to the presence of contributory negligence.  Contributory negligence can be a bar to a plaintiff’s claim.  Snow and ice cases from that point of view need to be looked at closely.  Snow and ice on the roadway means that motorists must exercise increased caution.  If that increased caution is not exercised, that may be contributory negligence.

Snow and Ice Issues-Pedestrians

From the point of view of a pedestrian or person who is walking on another person’s premises, snow and ice cases must be looked at from a point of view of reasonableness.  That is, has the property owner acted in a reasonable fashion in terms of clearing the snow and ice.  If the property owner’s conduct in that regard is not reasonable then that may be a basis for a negligence claim.  The defense that may be asserted in that type of case may be either contributory negligence or assumption of risk.  Assumption of risk simply means that the plaintiff recognized that there was a risk and chose to assume it.

The mere fact that somebody is walking on a pathway that is covered with snow and ice is not necessarily assumption of risk in all cases.  It may be an assumption of risk if the plaintiff had some alternative path to follow.  If there was no alternative path to follow and the plaintiff was out during these inclement conditions out of necessity, any defense of assumption of risk may be defeated.

In general a defendant may wait a reasonable period of time after a storm is finished before removing snow and ice from its premises.

In many instances the ice may be what is referred to as “black ice”.  Black ice implies that the ice itself is not visible because it is on a black surface.  In some instances however the ice may be on a concrete surface which may be tan or white in color.  Either way the ice may not be visible.  If the property owner knew or should have known of the presence of the ice and a reasonable period of time had passed since the last precipitation which caused the ice, then the property owner may be guilty of negligence.

Snow and Ice Issues

For a study of various cases dealing with snow and ice, see the page on this site that constitutes a compilation of snow and ice cases.

See also the page on Wikipedia dealing with premises liability.

Contact Us For A Free Consultation

Contact Us For A Free Consultation