Papenhausen v. ConocoPhillips Co.

Citations

• 2024 ND 40

Syllabus

We answer two certified questions from the United States District Court for the District of North Dakota regarding North Dakota's natural accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow. The natural accumulation rule relates to the threshold question whether a duty exists. The underlying rationale for the natural accumulation rule is reasonableness. The natural accumulation rule is generally applicable under North Dakota law with some exceptions. We answer the first question, \yes.\ The natural accumulation rule applies to an oil well site in a rural area. We answer the second question, \no.\ The concealment aspect of snow and ice is outside the scope of our natural accumulation rule.