In Beauford v. Second Nature Landscaping and Construction, Inc., the plaintiff claimed that he slipped and fell in March of 2015 outside an apartment building owned by Definitive Properties, LLC (“Definitive”). At that time, Definitive had contracted with Second Nature Landscaping and Construction, Inc. (“Second Nature”) to provide snow removal services. The contract required Second Nature to automatically respond within 24 hours when the snow reached a certain depth. On the day of the accident, it began raining around 2:00 PM. That day, the temperature remained above freezing and at 10:30 PM, the time of the plaintiff’s alleged fall, the temperature was between 44 and 46 degrees Fahrenheit. According to the plaintiff, he slipped and fell on an ice puddle that formed sometime between 11 AM and 10:30 PM. Plaintiff filed suit against both Second Nature and Definitive seeking damages for his personal injuries.
Both defendants filed for summary judgment, which was granted, and plaintiff appealed. The court relied on the hills and ridges doctrine in Pennsylvania, which states that a plaintiff must show snow and ice accumulated on the sidewalk in ridges or elevations of such size and character so as to unreasonably obstruct travel and constitute a danger to pedestrians. The Court further stated that the only duty of the property owner is to act within a reasonable time after notice to remove the snow and ice when it is in a dangerous condition.
The Court found that although there was no factual dispute that the plaintiff slipped and fell on a purported ice puddle during an active weather event, i.e. at a time when generally slippery conditions prevailed in the community. Finding that under Pennsylvania law, a landowner has no obligation to correct conditions until a reasonable time after a winter storm has ended, there was no obligation at that time by either Definitive or Second Nature to remove snow and/or ice at that time. Therefore, defendants’ summary judgment motions were granted.
Thanks to Alexandra Perry for her contribution to this post.