Liability for Icicle Injury

Legal Writing & Research Communications Law

Mr. and Ms. Latimer will not be liable to Mr. Coleman and Ms. Fisher for any damages for
the icicle injury.
Rule of Law
In this given scenario, the law related to tort of Negligence and Nuisance can be
applied. Negligence is the failure in exercising appropriate care which is expected from any
person in the discharge of his duty. Negligence generally involves the harm which has been
caused to any person by the failure to work with due care. In order to sue any person for the
commission of negligence, the following elements are to be fulfilled-
Duty, breach of such duty, damages resulting from such breach of duty and causation
of the injury for the act of the defendant to the plaintiff.
Whereas, Nuisance means, which cause annoyance, offence, injury or trouble. It can
either be public or be private.
The case of Klepper v Seymour House Corp. 246 N.Y. 85 perfectly fits in this
situation. In this case a snow mass weighting 150 pounds fell on the plaintiff who was a
twenty-nine years old woman walking on sidewalk of the State street which is the public
highway in Ogdensburg city with two of her children and she got permanent injuries due to
the incident. In this case the trail court gave judgement in her favour which was later altered
by the Appellate Division. The Appellate Division here, laid that Seymour House cannot be
charged as it had no notice of dangerous condition of the roof.
Another case in this regard is Persaud v. S & K Green Groceries, Inc., 898 N.Y.S.2d
255 (App. Div. 2010). In this case the Supreme Court denied the motion for the summary
judgment by the dismissal of the complaint.