Idaho Law Blog
With winter weather comes some enjoyable things – snowmen, skiing/snowboarding, Christmas. However, winter weather also brings the not so fun – snow and ice on our roadways, sidewalks, and other common walkways. Business owners have a natural incentive to keep their sidewalks and entryways free of snow and ice – they want customers to have easy access to their establishments. However the possibility of litigation and liability should be another incentive for business owners to do their best to keep their property ice and snow free.
Idaho law places different duties on owners of property depending on the status of the person entering the property. Most individuals that enter a business property are termed “invitees” – the business invites them for the purpose connected with the business. This is true even for individuals that do not buy or do not intend to buy something. They are the invitees of the business. The duty that the business owner owes to its invitees is to inspect and make the premises safe. Therefore, a business owner must actively try to keep its property free of snow and ice so that an invitee does not fall. It is not enough if the business owner does not know of a dangerous condition (think black ice), a business owner has a duty to inspect the premises and remove the dangerous condition – i.e., inspect the premise for slippery conditions and do the best he can to remedy the situation. During a snowstorm, you are not likely able to keep the property completely free of snow and ice and the law is cognizant of this and also places a duty on the invitee to use ordinary care. However, as soon as it becomes possible, a business owner has a duty to treat and remedy snowy and icy conditions.
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