Cheyenne · winter claims
You fell hard on someone else’s property, and now you are hurting and wondering whether anyone is responsible. Here is the straight answer before you call anyone.
Wyoming is harder on slip-and-fall claims than most states. Under the natural accumulation rule, a property owner generally owes no duty for naturally accumulated snow and ice. The cases that succeed are the ones where the hazard was not natural: the owner created it, redirected the water, or made it worse. We would rather you understand that rule in two minutes than spend three months on a claim that was never viable.
The duty a Wyoming property owner owes you
Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993), abolished the old sorting of visitors into “invitees” and “licensees.” In its place: “An occupier of premises must act as a reasonable man in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.” A customer and a social guest are owed the same reasonable care. One category survived: trespassers are still owed only the duty not to be injured willfully or wantonly. Anyone telling you Wyoming abolished the old categories entirely is overstating it by a third.
The natural accumulation rule
This rule decides most Wyoming winter falls. In Eiselein v. K-Mart, Inc., 868 P.2d 893 (Wyo. 1994), the Court confirmed that an owner “will not be liable for injuries resulting from a slip and fall on a natural accumulation of ice and snow.” The Court applied it again in RB, Jr. v. Big Horn County School District No. 3, 2017 WY 13, and held that it goes to “the threshold question of whether a duty exists.” No duty means the case never reaches a jury. Individual justices have urged abandoning the rule. It has not been abandoned. It is current Wyoming law.
Where the exception lives: unnatural accumulation
Eiselein also set out the path that works: an owner “owes a duty to prevent injuries resulting from an unnatural accumulation of ice which will be found if the owner or occupier creates an accumulation of water in a manner substantially different in volume or course than would naturally have occurred.” In practice, the question is what the property did to the water:
- Downspouts and gutters discharging across a walkway and freezing.
- Roof runoff or dripping overhangs concentrating melt onto an entrance.
- Plowed piles stacked so melt runs back across the path and refreezes.
- HVAC condensate, sprinklers, or hose bibs discharging onto pavement.
- Grading and drainage that send water where it would not naturally go.
- Partial or careless clearing that leaves a polished, refrozen surface more dangerous than untouched snow.
Minor dips where water naturally pools and freezes are still natural. The question is not whether the ice was inconvenient; it is whether the property changed the volume or the course of the water. In Selby v. Conquistador Apartments, 990 P.2d 491 (Wyo. 1999), the Court reversed summary judgment on a question of whether the landlord created or worsened the ice. In Williams v. Plains Tire & Battery Co., 2017 WY 136, an unnatural accumulation of gravel produced the same result.
A second opening: an owner who takes steps to deal with a natural condition can create a duty by doing so, and can be liable for doing it badly. Clearing half a lot, sanding one entrance and not the other, or scraping a surface into glazed ice can turn a no-duty case into a real one.
“It was obvious”: what that actually means
- Natural conditions (snow, ice, wind): obviousness is part of the no-duty analysis and usually ends the case. Valance v. VI-Doug, Inc., 2002 WY 113.
- Hazards the owner created (spills, bad stairs, poor lighting, torn carpet, debris): obviousness is not a bar. Since O’Donnell v. City of Casper, 696 P.2d 1278 (Wyo. 1985), it goes to the jury as part of your share of fault.
Cases that are not about ice
The natural accumulation rule does nothing for an owner in the more common year-round cases: spills and tracked-in water left unaddressed, where the question is notice; defective stairs and missing handrails; poor lighting; torn carpet, broken tile, and unmarked level changes; loose mats, cords, and displays; unbarricaded construction; and, in the right circumstances, negligent security.
Your own share of the fault
Wyoming applies modified comparative fault (§ 1-1-109). You recover if your share is not more than 50%, reduced by that share. Premises defendants argue your fault harder than almost any other kind of defendant: your shoes, your phone, your pace, the handrail, the sign. Expect it from day one.
Deadlines, and the government exception
Most premises claims have a four-year deadline (§ 1-3-105(a)(iv)(C)). If you fell on government property, such as a courthouse, a school, or a public sidewalk, the Governmental Claims Act controls: a written, itemized claim within two years, personally signed by you under penalty of perjury, then suit within one year of that claim. A lawyer’s signature will not do. Recovery is capped at $250,000 per claimant.
What to do after a fall
- Photograph the hazard immediately, before it melts, gets salted, or is cleaned up. In an ice case the photographs are often the whole claim, because they show where the water came from. Get the downspout, the roofline, the snow pile, and the drainage.
- Report it, get a written incident report, and ask for a copy.
- Get names and numbers of witnesses, including employees.
- Keep your shoes and clothing, unwashed.
- Get medical attention the same day and describe accurately how you fell.
- Have a lawyer send a preservation letter fast. Surveillance video is often overwritten within days, and maintenance and salting logs can be obtained while they still exist.
Do not give a recorded statement to the property owner’s insurer before speaking with a lawyer.
An honest assessment
Some slip-and-fall calls end with us telling the caller the claim is not viable under Wyoming law. That is not a pleasant conversation, and it is a better use of your time than a year of false hope. But the natural accumulation rule is narrower than property owners assume, and whether ice was natural or created is a question of fact, decided on evidence. That is why the photographs and the preservation letter matter more here than in almost any other injury case.
Why this firm
Francis H. McVay is a trial and appellate lawyer and a graduate of the Gerry Spence Trial Lawyers College. He has prosecuted cases, defended them, and argued before the Wyoming Supreme Court. Premises cases turn on doctrine and on the record, and every file here is built for the last judge who will read it.
Injury cases are handled on a contingency fee: no attorney’s fee unless we recover for you. How case costs are handled is explained in writing before you sign anything.
Frequently asked questions
Can I sue if I slipped on ice in Wyoming?
Only if the ice was an unnatural accumulation: a downspout, roof runoff, a plow pile draining across a walkway, or a condition the owner made worse by clearing it badly.
What is the natural accumulation rule?
A Wyoming rule that owners are not liable for injuries from snow and ice that built up naturally from the weather. It ends a case rather than reducing it.
Does it matter that the hazard was obvious?
For natural conditions, yes. For a hazard the owner created, it goes to the jury as part of your share of fault.
How long do I have to file?
Four years for most premises claims. On government property, a signed written claim within two years and suit within one year of that claim.
What if I was partly at fault?
You can recover as long as your share is not more than 50%, reduced by your percentage.
What does it cost?
Nothing up front, and no attorney’s fee unless we recover. How case costs are handled is explained in writing before you sign anything. The consultation is free, and it includes a straight answer about whether Wyoming law supports your claim.
Talk to a lawyer today
Ice melts and footage is overwritten within days. Photograph the downspout and the roofline, then call.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every claim turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.