Wyoming Slip and Fall Laws: Proving Premises Liability

To win a slip-and-fall claim in Wyoming, you must prove the property owner was negligent, had actual or constructive notice of the hazard, and that the hazard caused your injury. Wyoming uses modified comparative fault under Wyo. Stat. Ann. section 1-1-109, which bars recovery if you are 51% or more at fault.

Proving a slip and fall claim in Wyoming

Wyoming premises liability law requires a property owner to exercise reasonable care to keep the property in a reasonably safe condition for those who enter it. When a hazardous condition causes a fall and injury, the injured person must establish four elements: the owner owed a duty of care, the owner breached that duty by failing to fix or warn of the hazard, the breach caused the fall, and the fall produced actual damages.

The most frequently disputed element is notice. You must show the owner had actual notice of the hazardous condition, meaning someone told the owner about it or the owner personally observed it, or constructive notice, meaning the condition had existed long enough that a reasonable inspection would have discovered it. Wyoming courts focus on how long the hazard had been present before the fall and whether the owner's inspection and maintenance practices were adequate.

Evidence supporting a notice argument includes prior complaint records, maintenance logs, surveillance footage showing how long the condition persisted, and testimony from employees or other visitors who saw the hazard before your fall. Photographs and a written record of conditions taken immediately after an incident are critical to building this case.

The open-and-obvious doctrine in Wyoming

Wyoming does not treat an open-and-obvious hazard as a complete bar to a premises liability claim. In Pinnacle Bank v. Villa, 2004 WY 150, 100 P.3d 1287, the Wyoming Supreme Court expressly held that the open-and-obvious-danger rule "should be utilized for comparative negligence purposes, but not for establishing the duty of care." The landowner's duty exists regardless of whether the hazard was plainly visible.

This approach was previewed in O'Donnell v. City of Casper, 696 P.2d 1278 (Wyo. 1985), which rejected using the obvious-danger rule to defeat duty for man-made hazards, holding that the obviousness of the condition goes to the plaintiff's comparative negligence rather than to the threshold question of whether any duty was owed.

Under this framework, if a hazard was clearly visible, the jury may assign you a share of comparative fault for failing to notice or avoid it. However, the landowner cannot escape liability entirely by arguing the danger was obvious. Because Wyoming uses modified comparative fault with a 51% bar, a jury that finds you more than half responsible will eliminate your recovery, so the comparative-fault evaluation remains important even though the hazard's obviousness cannot extinguish the claim outright.

Ice, snow, and natural accumulation in Wyoming

Wyoming follows the natural-accumulation rule, and this is a significant limitation for ice-and-snow claims. The leading case is Paulson v. Andicoechea, 926 P.2d 955 (Wyo. 1996), in which the Wyoming Supreme Court held that a landowner/occupier owes no duty to remove naturally accumulated ice and snow from a parking lot. Under this rule, a fall caused by snow or ice that accumulated through weather conditions alone, without any action by the property owner, generally will not support a premises liability claim.

To recover after a fall on ice or snow in Wyoming, you must show an unnatural accumulation. This requires proving the defendant created or aggravated the hazardous condition, knew or should have known about it, and that it was substantially more dangerous than the natural accumulation in its original state. Examples of unnatural accumulations include drainage from a building that refreezes on a walkway, or melt water from a heated entryway that pools and freezes on a path the owner controls.

There is an important exception: a local snow-and-ice-removal ordinance can impose an affirmative duty that overrides the common-law no-duty rule. In Pinnacle Bank v. Villa, the Wyoming Supreme Court held that a Worland city ordinance requiring abutting property owners to clear sidewalks established a duty that controlled over the general natural-accumulation default. If you fell on a public sidewalk abutting private property, check whether the relevant municipality has such an ordinance, because its existence can transform a losing claim into a viable one.

How fault is shared: Wyoming's negligence rule

Wyoming uses modified comparative fault, codified at Wyo. Stat. Ann. section 1-1-109. Under this rule, your recovery depends on how the trier of fact divides fault between you and the defendant or defendants.

If your share of fault is 50% or less, you recover damages reduced by your percentage of fault. For example, if your total damages are $80,000 and the jury finds you 20% at fault, you receive $64,000. If you are found exactly 50% at fault, you still recover half your damages.

If your share of fault reaches 51% or more, you recover nothing. This is the critical threshold. Defense attorneys routinely argue that the plaintiff was wearing improper footwear, was distracted, or ignored visible warnings to push the plaintiff's fault share above 50%. An additional feature of Wyoming's rule is that liability among defendants is several only, meaning each defendant pays only its proportionate share of the total fault and is not responsible for another defendant's portion.

Wyoming does not use pure contributory negligence, so any fault on your part does not automatically end the claim. The 51% bar is the line that matters.

Deadlines: statute of limitations and government claims

The standard deadline for filing a personal-injury lawsuit in Wyoming is four years from the date of the fall, under Wyo. Stat. section 1-3-105(a)(iv)(C). The discovery rule may apply in cases where the injury was not immediately apparent, but the typical starting point is the date of the incident. Missing this deadline will result in dismissal regardless of the merits of your case.

If you were injured on property owned or operated by a Wyoming state or local government entity, you face an additional and strict procedural requirement before you can file suit. Under the Wyoming Governmental Claims Act, Wyo. Stat. section 1-39-113, you must present a written, itemized notice of claim to the governmental entity within two years (730 days) of the date of the incident. This two-year presentment deadline is jurisdictional, meaning the court lacks authority to hear the case if you miss it.

The notice of claim must also comply with Article 16, Section 7 of the Wyoming Constitution: it must be signed by the claimant under oath, certifying under penalty of false swearing that the claim is true and accurate. Wyoming courts strictly enforce this certification requirement. After you file the notice of claim, you must bring suit within one year under Wyo. Stat. section 1-39-114.

For more on personal-injury filing deadlines in Wyoming, see the Wyoming statute of limitations page.

What a Wyoming slip and fall claim is worth

The value of a Wyoming slip-and-fall claim depends on your actual losses and on how the jury apportions fault. Economic damages include medical expenses (past and future), lost wages, reduced earning capacity, and the cost of ongoing treatment or rehabilitation. These are calculated from medical bills, pay stubs, and expert testimony regarding future care needs.

Non-economic damages cover pain and suffering, loss of enjoyment of life, and emotional distress. Wyoming does not impose a general statutory cap on non-economic damages in personal-injury cases, so juries have wide discretion in awarding these amounts.

Because Wyoming uses modified comparative fault, your net recovery is reduced by your percentage of fault. A $150,000 award to someone found 25% at fault nets $112,500. If the jury assigns you 51% or more of the fault, the award is zero. The natural-accumulation rule also limits ice-and-snow claims significantly: unless you can show an unnatural condition the owner created or aggravated, or a local ordinance that imposed a duty to clear, those claims are unlikely to produce a recovery.

Use the Wyoming slip and fall settlement calculator to estimate how comparative fault and damages interact in your situation.

This article is general legal information, not legal advice. Premises liability law varies by state and changes, and case values depend on the specific facts. For advice about a specific fall, consult a licensed attorney in Wyoming.

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Sources

• Wyo. Stat. Ann. section 1-1-109 (Modified Comparative Fault)
• Wyo. Stat. section 1-3-105 (4-Year Personal Injury Statute of Limitations)
• Wyo. Stat. section 1-39-113 (Wyoming Governmental Claims Act, 2-Year Notice of Claim)
• Pinnacle Bank v. Villa, 2004 WY 150, 100 P.3d 1287 (open-and-obvious is comparative-fault factor, not duty bar; local ordinance overrides natural-accumulation rule)
• Paulson v. Andicoechea, 926 P.2d 955 (Wyo. 1996) (natural-accumulation rule, no duty for naturally accumulated ice/snow)
• O'Donnell v. City of Casper, 696 P.2d 1278 (Wyo. 1985) (obvious danger goes to comparative fault, not duty)

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Related: Slip and Fall Laws by State Hub | Wyoming Slip and Fall Settlement Calculator