Minnesota appeals court clarifies when businesses are responsible for ice in parking lot

As Minnesotans go about their day in the treacherous, baby-step conditions of winter, who bears the burden of responsibility when someone gets injured slipping on ice in the parking lot of a business?

The Minnesota Court of Appeals issued a ruling last week that provides some clarity. It ultimately boils down to this: businesses have a responsibility to reasonably clear snow and ice from their parking lots. Beyond that, it’s up to the citizens of Minnesota to tread carefully.

It was a moderate winter morning on Jan. 4, 2021, when Travis J. Maahs parked his truck in a remote area of the Menards’ parking lot in Elk River.

Still, it was Minnesota in winter, frost had accumulated and previous accumulations of snow and ice lingered out of plain site. Maahs, who was 49 at the time, went inside to shop. He owns his own business, Maahs’ Floor Covering, so he was familiar with the store. His truck was large enough that he needed to park where there was some room to operate. He walked back to his truck pushing a rolling cart to carry his supplies. As he loaded plywood into the back, Maahs slipped on a 12-inch patch of “black ice.”

He shattered his ankle so badly he needed surgery. A little over a year later, he sued Menards for damages over his injuries, his past and future medical expenses, wages lost and his mental and emotional pain and suffering.

His lawsuit was filed in Sherburne County and Maahs asked for a judgement in excess of $50,000.

Maahs argued that Menards was negligent for a few reasons — they had failed to inspect the parking lot, had failed to treat the ice and didn’t warn customers about the ice. Menards asked for a summary judgement, arguing that Maas couldn’t prove that the ice was there for a significant enough amount of time for employees to notice and treat it and that ice is a completely normal condition of Minnesota winters and, as a Minnesotan, Maahs should have been cautious while walking.

The Sherburne County court sided with Menards. Maahs appealed.