Snow Removal Contractor Did Not Assume A Duty To Pedestrian Either By Contract Or Conduct
05/13/08
Snow removal contractor agreed to remove snow accumulation of two inches or more, unless notified earlier by building owner, all work to be performed during normal business hours. Pedestrian slipped and fell as he left the building around midnight. At close of evidence, trial court directed verdict in favor of snow removal contractor. Court of Appeals affirms directed verdict, finding that, “Under Missouri law, there is no duty to remove snow or ice that accumulates naturally and is a condition general to the community. This rule applies to landlords, municipal corporations, inviters and employers. To hold that a duty exists to make a parking lot safe as precipitation falls from the sky would be to create a duty which would be virtually impossible to perform.” An exception arises in Missouri where one obligates themselves either by agreement or course of conduct, thereby assuming a duty. Under the facts presented, snow removal contractor did nothing to alter the condition of the steps where the pedestrian fell. Further, snow removal contractor had no contractual duty to remove the snow or ice absent notification by the building owner or a two-inch accumulation. To find liability against the snow removal contractor would “disregard the terms of [its] contract.” Richey v. DP Properties, LP, et al., Docket No. ED90122 (Mo.Ct.App.E.D. May 13, 2008)Back to News
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