Citation

Carroll HO. HSRI Res. Rev. 1980; 10(4).

Copyright

(Copyright © 1980, University of Michigan Highway Safety Research Institute)

DOI

unavailable

PMID

unavailable

Abstract

By a 95-year-old rule, the Michigan road authority's liability for ice and snow is generally restricted to unnatural accumulations. The authority is not liable for injuries caused by natural accumulations of snow and ice, nor by the effects of traffic on them, by snow and ice left behind by plowing, or snow piled alongside a road by plowing. It can be liable when an accumulation of snow or ice is placed in a public way by the authority itself or at its express authorization, or if the accumulation becomes a hazard through a defect created by the road authority or within its power to correct. It is suggested that the law is likely to change, since conditions (equipment) and expectations of citizens have changed radically. Any change is likely to be a return to the basic statutory test of "reasonably safe." The rule should not be regarded as providing a broad, inclusive protection for road authorities, partly because of unresolved questions as to what constitutes "natural" and "unnatural" accumulations.