Under the rule, a possessor is not liable for injuries from snow or ice accumulating naturally without intervention. Liability attaches only where the possessor created an unnatural accumulation or aggravated the condition.
Undertaking removal may create a duty to do so reasonably.
Alternative Names:
Natural Accumulation Doctrine, No-Duty Snow Rule
Why it Matters?
The rule is a near-complete defense in jurisdictions that apply it, which makes the natural versus artificial characterization the entire case. Water refreezing after draining from a downspout, ridges left by plowing, and ice forming from a defective gutter are artificial accumulations. Because undertaking removal can create the duty that would otherwise not exist, possessors in these states face a genuine tension between clearing walkways and preserving the defense.
Frequently Confused with
Related terms
Frequently asked questions
What is an artificial accumulation?
Does clearing snow create liability?
