Snow Removal Liability: Shoveling or Not Shoveling Sidewalks

Every winter, property owners face the challenging task of snow removal, particularly on sidewalks in front of their homes. The potential for injury and associated liability can be a significant concern. So, if someone slips and falls on the sidewalk, are you legally liable for shoveling or not shoveling the snow?

Legal Obligations Vary by Location

Whether you are liable for someone slipping and falling on your sidewalk largely depends on local laws and ordinances. State laws, city ordinances, and homeowner associations often dictate the responsibility for maintaining clear pathways. In some places, property owners may be required to remove snow and ice from their sidewalks within a specified timeframe, or face fines.

For instance, in Illinois, until recently, a property owner was generally not legally responsible for snow and ice on sidewalks unless they had actively created a hazardous condition by, for example, piling snow in a way that obstructed the walkway. However, once the owner cleared the sidewalk, they became responsible for any further ice or snow that naturally occurred thereafter.

Falls on Private Property vs. Public Roadways

Falling on private property, including the sidewalk in front of your home, is significantly different from slipping on a public roadway or parking lot. In cases involving private property, such as a sidewalk, the owner's responsibility is more scrutinized. In contrast, if the fall occurs on a public road, the municipality is typically responsible for maintaining safe conditions.

For example, if a person falls due to natural occurrences like snow or ice falling from the sky, there is no case against the property owner, as this is considered an act of God. However, if someone slips and falls on snow that you have shoveled but transforms into an icy patch due to normal freezing conditions, you could be at risk of legal action.

Homeowner's Insurance and Legal Defense

While maintaining a clear pathway can be a legal obligation, fortunately, most homeowners have insurance that includes legal protection. Homeowners insurance typically provides coverage for legal expenses and defense against lawsuits, ensuring that you are indemnified if you are found liable.

It's crucial to understand that if you suspect there could be an issue with liability, consulting a lawyer is advisable. While the first consultation is often free, legal counsel can provide the necessary guidance to protect your interests and rights.

No Liability for Public Sidewalks and Roads

In areas where public sidewalks are maintained by town, city, or state authorities, there is generally no obligation for individual property owners to clear those sidewalks. Similarly, public roads are typically managed by local government agencies, relieving homeowners of the responsibility for snow and ice removal on these public thoroughfares.

However, the sidewalk in front of your home is typically considered part of your property and, therefore, your responsibility. You must ensure that the path to your front door is clear and safe, as it is not considered a public right of way like a sidewalk that borders your property.

Conclusion

In summary, the decision to shovel or not shovel your sidewalk can indeed impact your legal liability. Understanding the laws and ordinances in your area, as well as your homeowner's insurance coverage, is crucial. If you are ever in doubt, seeking legal advice can provide the necessary clarity and protection.