Owner Not Responsible for Snow-Related Injuries

Facts: A driver collided with an employee of a rental car company on property owned by that rental company's landlord. The driver sued the employee and the property owner, claiming that the owner did not take care of the property sufficiently—a responsibility, known as the “duty of care,” that the law imposes on property owners. The driver claimed that a snow bank on the property played a significant role in the accident.

The owner and rental car company had previously entered into an agreement that made the owner responsible for snow-and-ice removal. The owner argued that he did not create the snow bank in question and was not responsible for its removal.

Decision: A Maine court ruled that the owner's responsibility to those who are on his property does not require him to remove a snow bank from his property.

Reasoning: Although a property owner owes a duty of care to those who are on his property, the duty is limited when winter conditions are involved, the court ruled. The owner will be liable only if it can be proven that he was negligent or responsible for the creation of the snow-related hazard.

• Ricket v. Clarkson and Waters, September 2007