Question

Linda Lewis owns a home with very steep front steps. During the winter ice often forms on the stairs. If a girl scout selling cookies slips on the steps is Linda liable? What about Linda’s grandmother who she invites over? What if Linda put a sign at the bottom of the stairs reading “Danger: Very Slippery,” will this reduce her liability? What else can she do?

Answer 1

Under premises liability, the occupant is responsible to make reasonably safet environment for people visiting it, by keeping the property in a safe condition. He /she is  liable for injuries occurring the to people visiting the premises if he /she fails to keep it in safe condition.

In this case, the scout girl can't claim the damages if she sustains the injuries, because she is not an invitee of licensee, but a trespasser, whose presence can't be ascertained or anticipated by Linda. However, she is liable for injuries to her grandmother because she is among the most vulnerable visitors and need highest duty of care. If she puts a sign exclaiming danger, her liability is reduced for the people who now need to be careful after being warned, and if they sustain injuries now, it is due to their own negligence. However, for invitees and trespassers like children or people who can't read or interpret the sign, the duty of care is still there, and she is liable for injuries to such people. The best she can do, is to make the steps less steeper and try to put a roof at the entrance so that the snow does not make it slippery and dangerous. Other option is to clear the snow at times and keep a watch on the condition of floor. Another way is to put in place a channel gate, which can be locked when the floor is slippery and the incumbant can call her through a call bell.