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Liability for Fall On Black Ice Colored By Human Intervention

Chester Dudzinski

Source: Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006)

Analysis

The trial court granted a nonsuit based upon the doctrine of “Hills and Ridges” based upon testimony that the plaintiff fell on black ice because there was no evidence of human interference in the creation of the black ice. The Superior Court reversed the holding because the evidence indicated that there was a snow storm followed by plowing followed by salting in disputed amounts. Dismissal by nonsuit was not proper.

What it Means For You

The cause of formation of black ice or any ice is dependant upon whether the condition was influenced by human intervention such as plowing and/or salting. If such human intervention occurred, then preliminary dismissal of the defendant property owner based upon the doctrine of “Hills and Ridges” is not appropriate.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Chester Dudzinski at (412) 563-2500.

You can also read more about the article's related practice groups:
General Litigation