Naturally-Accumulating Ice is NOT an Unreasonably Dangerous Condition

The Texas Supreme Court issued a new opinion today in a premises liability case involving a slip and fall on ice after a rare Texas snow storm. The Texas Supreme Court held that ice that accumulates naturally outside a business due to a winter storm does not pose an unreasonable risk of harm. The Court also noted that the business owner’s application of a deicer does not create a substantially more dangerous condition than the ice in its natural state. Even if the owner uses a deicer to melt the ice, the owner does not create an unnatural condition if the ice refreezes after melting, because ice that melts and then refreezes is still considered natural accumulation. See, Scott and White Mem. Hosp. and Scott, Sherwood and Brindley Foundation v. Fair, No. 08-0970, (Tex.May 7, 2010).

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