North Dakota § 40-42-05 Nonliability of municipality for damages caused by snow and ice on sidewalks - Exception - Actual knowledge required

North Dakota Statutes

§ 40-42-05 — Nonliability of municipality for damages caused by snow and ice on sidewalks - Exception - Actual knowledge required

North Dakota § 40-42-05

Title 40Municipal Government

Ch. 40-42Claims for Injuries on Streets

This text of North Dakota § 40-42-05 (Nonliability of municipality for damages caused by snow and ice on sidewalks - Exception - Actual knowledge required) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-42-05 (2026).

Text

sidewalks - Exception - Actual knowledge required.
All municipalities in this state shall be exempt from all liability to any person for damages for
injuries suffered or sustained by reason of the accumulation of snow and ice upon the sidewalks
within the municipality unless actual knowledge of the defective, unsafe, or dangerous condition
of the sidewalk or crosswalk shall have been possessed by the executive officer, governing
body, police officer, or marshal of the municipality at least forty-eight hours previous to the
damage or injury. Actual knowledge shall not be presumed from the fact of the existence of the
condition, but it shall be proved as an independent fact. No municipality in this state shall be
liable in damages for any injury occasioned through the mere slippery condition

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sidewalks - Exception - Actual knowledge required.
All municipalities in this state shall be exempt from all liability to any person for damages for
injuries suffered or sustained by reason of the accumulation of snow and ice upon the sidewalks
within the municipality unless actual knowledge of the defective, unsafe, or dangerous condition
of the sidewalk or crosswalk shall have been possessed by the executive officer, governing
body, police officer, or marshal of the municipality at least forty-eight hours previous to the
damage or injury. Actual knowledge shall not be presumed from the fact of the existence of the
condition, but it shall be proved as an independent fact. No municipality in this state shall be
liable in damages for any injury occasioned through the mere slippery condition of the sidewalk
or crosswalk due to the presence of frost or loose snow thereon.