Idaho Law Blog

By Rachel Miller

With winter weather comes some enjoyable things – snowmen, skiing/snowboarding, Christmas. However, winter weather also brings the not so fun – snow and ice on our roadways, sidewalks, and other common walkways. Business owners have a natural incentive to keep their sidewalks and entryways free of snow and ice – they want customers to have easy access to their establishments. However the possibility of litigation and liability should be another incentive for business owners to do their best to keep their property ice and snow free.

Idaho law places different duties on owners of property depending on the status of the person entering the property. Most individuals that enter a business property are termed “invitees” – the business invites them for the purpose connected with the business. This is true even for individuals that do not buy or do not intend to buy something. They are the invitees of the business. The duty that the business owner owes to its invitees is to inspect and make the premises safe. Therefore, a business owner must actively try to keep its property free of snow and ice so that an invitee does not fall. It is not enough if the business owner does not know of a dangerous condition (think black ice), a business owner has a duty to inspect the premises and remove the dangerous condition – i.e., inspect the premise for slippery conditions and do the best he can to remedy the situation. During a snowstorm, you are not likely able to keep the property completely free of snow and ice and the law is cognizant of this and also places a duty on the invitee to use ordinary care. However, as soon as it becomes possible, a business owner has a duty to treat and remedy snowy and icy conditions.

By Rachel Miller

Winter. Ugh. (Unless you are a winter sports fan, of course). However, even winter sports fans have to deal with the messiness that comes with Idaho winters – including snowy and icy driveways, sidewalks, and stairs, and the obligatory shoveling and de-icing of those surfaces. Of course it is good neighborly to clear your driveways and sidewalks of ice and snow, and certainly will keep you safer as you enter and exit your property. However, some times you are absent from home, may not have the time to get to it right away, or may have property that creates unique challenges to keep it entirely snow and ice free.

Many people want to know what their duties and liability would be if someone were to slip and fall on ice or snow at there residential property. (Note: The law is different for business owners, and not covered in this blog). In Idaho, everyone has a general duty of care for the safety of themselves and others. However, owners of property have more particular duties of care towards the persons entering their property. First, if the person is a trespasser, there is no duty to her other than to not willfully create conditions that will injure her (think an intentional trap). Next, most people enter a residential property for social purposes – what the law terms a “licensee.” A licensee is also a visitor who enters the property in pursuit of the visitor’s purpose. A property owner’s duty towards licensees is to disclose to the visitor only concealed dangerous conditions on the property of which the owner has knowledge. Additionally, a visitor must take the land as the possessor uses it, and is expected to be alert and to protect himself from the risks he encounters. Consequently, as snow and ice on Idaho driveways is likely not a concealed condition, and a visitor has the duty for her own care, a person is not likely to be held liable if someone slips and falls on snow and ice on residential property.

By Rachel Miller

Some people love their furry household friends, and treat them like family members. Others… not so much. Whether you are a dog person, cat person, or people person, no person likes being intimidated or injured by another person’s pet.

In Idaho, all persons have the duty to use ordinary care for the safety of themselves and others. Consequently, pet owners have a duty to see that their animals, whom they have responsibility, do not injure others. Under Idaho law an “at-risk dog” is any dog that without justified provocation bites a person without causing serious injury. A “dangerous dog” is any dog that without justified provocation inflicts serious injury on a person or that has previously been found to be at-risk and thereafter bites or injures a person. “Justified provocation” means any act that a reasonable person with common knowledge of dog behavior would know is likely to instigate a bite or attack by an ordinary dog. Consequently, a dog is justly provoked when it dog is defending another from an attack, it attacks a person committing a crime on the property of the owner, the person was tormenting or abusing the dog, the dog was protecting offspring, the dog was a service animal or other hunting or herding dog that was performing its trained function, the person was intervening between two or more animals engaged in aggressive behavior or fighting.