Where the Risks of Walking on Snow and Ice Conditions Was Voluntarily Assumed, Summary Judgment Not Warranted Under the Hills and Ridges or Assumption of Risk Doctrines

The plaintiff and a group of her friends stayed the weekend at a home rental they booked using the home-sharing app, Airbnb. Upon their arrival, the ground of the premises was covered with snow and the driveway, while free of snow, contained patches of ice. Two days later, it began snowing heavily, and while helping her friends clear snow off their cars, the plaintiff fell in the driveway as she walked between two vehicles. The defendants filed motions for summary judgment based upon the Hills and Ridges Doctrine and the Assumption of Risk Doctrine. Using Pennsylvania law, the federal court ruled that summary judgment was not warranted under the Hills and Ridges Doctrine since there was a question of fact as to whether the snow and ice on the driveway was the result of an entirely natural accumulation. The federal court further ruled that summary judgment was not warranted pursuant to the Assumption of Risk Doctrine, as there was an issue of material fact as to whether the plaintiff had no safe alternative to encountering the risk. The federal court denied the defendants’ motions for summary judgment. 

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