• 2008 - Duty of State for Damages Caused by [Snow and Ice][Frost or Loose Snow] on Highways or Sidewalks Not Abutting a State Owned Building or Parking Lot
  • C-16.09
    • Tort Liability
    • Tort Liability

  • The State of North Dakota [or name of state agency] is not at fault for accumulation of snow and ice upon a [highway] [street] [public sidewalk that does not abut a state owned [building][parking lot]], unless the condition is affirmatively caused by the negligent act or omission of a state employee.

     

    A condition is affirmatively caused by a state employee if the employee by an act or omission creates an unnatural condition that is unreasonably dangerous or more hazardous.

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    • Fast v. State, 2004 ND 111, 680 NW2d 265
    • Skjervem v. Minot State University, 2003 ND 52, 658 NW2d 750
  • Notes: For claims involving injuries to persons occurring on sidewalks and in other areas abutting a state owned building or parking lot, see NDJI C-16.07 (2006).