This month has produced the most snowfall in Connecticut’s history for any January since records began in 1905. The end of all of this snow and the resulting ice seem nowhere in sight.

And in addition to the dangerous roadways and the motor vehicle accidents that occur, accumulations of snow and ice cover a variety of steps, walkways and parking lots. Due to the amount of snow and the very cold temperatures, the incidents of slip and falls on ice and snow are unusually high.

We have been contacted by numerous indiviuals that have been seriously injured as a result of falling on ice and snow who want to know what liability exists for such situations. The leading Connecticut case on a landowner’s duty of reasonable care was set forth in the state Supreme Court case of Kraus v. Newton in 1989.

In Kraus, a meter reader employed by Northeast Utilities fell on a homeowner’s ice-covered steps and injured himself. Freezing rain had begun the previous evening and continued until the time he fell. The defendant testified that the stairs had not been sanded at the time.

The court held that “in the absence of unusual circumstances, a property owner, in fulfilling the duty owed to invitees upon his property, to exercise reasonable diligence in removing dangerous accumulations of snow and ice, may await the end of a storm and a reasonable time therefore before removing ice and snow from outside walks and steps."

The Kraus court did not set forth any explanation or criteria for what constitutes “unusual circumstances”.

After that, the Connecticut Appellate Court in Cooks v. O’Brien Properties, Inc., partially defined the “unusual circumstances” exceptions, which would include the availability of other entrances or exits and a change in weather. Another exception to the ongoing storm doctrine could include situations where the cause of the slip and fall was a pre-existing accumulation of snow and ice, the danger of which is increased by new snowfall.

As a landowner or person in custody and control of a property, the prudent course of action is to remove snow and ice and use an anti-skid material, such as sand, as soon as practical at the end of a snowfall or precipitation. The unnatural accumulation of snow and large piles that later thaw and refreeze may give rise to other hazards for which the landowner may also be responsible, so be careful as to where the snow is placed.

As a pedestrian, use great caution when traversing slippery surfaces.

And to all: Be careful!