Premises liability. Credit: Yurii Kibalnik – stock.adobe.com. North Dakota Court Clarifies Natural Accumulation Rule in Matter of First Impression
"Remote areas are precisely the locations the natural accumulation rule protects because the reasonableness of monitoring remote areas of property, and lack of notice resulting therefrom, demonstrates the rationale for the rule. Where it is unreasonable for an owner or operator to continually monitor an area, such as the remote well site in rural North Dakota, it is unreasonable to expect the owner or operator to promptly clear any naturally accumulating snow or ice, ..." Justice Jerod E. Tufte wrote for the court.
March 12, 2024 at 12:35 PM
4 minute read
Premises Liability
What You Need to Know
- The Supreme Court for the state of North Dakota said the state's natural accumulation rule extends to rural areas.
- The five-judge panel also said the rule does not apply if it conceals a condition more dangerous than normally associated with ice or snow because it is outside the scope of the rule.
- The issue at hand was a case of first impression for the state.
The North Dakota Supreme Court last week clarified and expanded on the state's natural accumulation rule, which precludes liability for injuries caused by the natural build up of snow and ice, as the state court was asked to consider two certified questions from a federal court.
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