34 N.Y.2d 809 (1974)

A landowner may be liable for common-law negligence if they maintain a sloped driveway with foreseeable ice conditions, posing a risk to users.

Summary

In Meyers v. Cornwell, the New York Court of Appeals addressed the liability of landowners for injuries sustained on their property due to icy conditions on a sloped driveway. The court held that while the driveway did not constitute a “ramp” under relevant labor laws and building codes, the landowners could still be liable for common-law negligence. It was a question of fact for the jury whether the landowners were negligent in maintaining the driveway, given its slope and the foreseeable risk of ice formation in the local climate. Because the jury’s general verdict could have been based on an erroneous legal theory, the court ordered a new trial.

Facts

The plaintiff wife sustained injuries after falling on an icy driveway on the defendant’s property. The driveway had a noticeable slope. The defendants had owned the property for approximately 15 months before the accident. The plaintiffs argued the defendants were negligent in maintaining the driveway, especially considering the foreseeable risk of ice formation in the White Plains area. The plaintiffs also argued that the driveway constituted an illegal