Winter. Ugh. (Unless you are a winter sports fan, of course). However, even winter sports fans have to deal with the messiness that comes with Idaho winters – including snowy and icy driveways, sidewalks, and stairs, and the obligatory shoveling and de-icing of those surfaces. Of course it is good neighborly to clear your driveways and sidewalks of ice and snow, and certainly will keep you safer as you enter and exit your property. However, some times you are absent from home, may not have the time to get to it right away, or may have property that creates unique challenges to keep it entirely snow and ice free.
Many people want to know what their duties and liability would be if someone were to slip and fall on ice or snow at there residential property. (Note: The law is different for business owners, and not covered in this blog). In Idaho, everyone has a general duty of care for the safety of themselves and others. However, owners of property have more particular duties of care towards the persons entering their property. First, if the person is a trespasser, there is no duty to her other than to not willfully create conditions that will injure her (think an intentional trap). Next, most people enter a residential property for social purposes – what the law terms a “licensee.” A licensee is also a visitor who enters the property in pursuit of the visitor’s purpose. A property owner’s duty towards licensees is to disclose to the visitor only concealed dangerous conditions on the property of which the owner has knowledge. Additionally, a visitor must take the land as the possessor uses it, and is expected to be alert and to protect himself from the risks he encounters. Consequently, as snow and ice on Idaho driveways is likely not a concealed condition, and a visitor has the duty for her own care, a person is not likely to be held liable if someone slips and falls on snow and ice on residential property.
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