By: Ari B. Kirshner, Associate, Personal Injury Practice Group
Snow. That white blanket that brings hope of school cancellations to children and nightmares of the same to parents. I submit that the greatest nightmare that accompanies snow is…well, what to do with it? We all know at least one person that refuses to shovel their sidewalk because “if someone falls down they’ll sue me!” So, I ask you, is this person a simply a rotten neighbor or is there some truth to what they’re saying?
Unsurprisingly, there is actually some truth to that argument. Here are some key points regarding snow removal that every homeowner needs to know this winter:
1) The first is my favorite: A homeowner is not responsible to remove natural accumulations of ice and/or snow and is generally not liable if someone falls on his property due to a natural accumulation of ice and/or snow. Therefore, no matter how bad it gets outside you can take it easy sipping hot coco in front of a fireplace as long as the winter condition on your property remain “natural.” A perfect illustration of the this rule is if someone on your sidewalk slips on fresh snowfall; since the snow is in its naturally fallen state, you won’t be liable for their injuries.
2) The second rule is the converse of the natural accumulation rule noted above- once the snow and/or ice is manipulated into an unnatural accumulation you can be liable for a person’s injuries. This is true even if the unnatural accumulation is due to the design and construction of the property. One classic example of this is the “leaky gutter” that drips water onto a front porch during the day which freezes into ice overnight. This scenario is both a lawsuit and serious injury waiting to happen. Another example is when a homeowner deposits snow at a point on a driveway or yard not realizing that it will melt across a driveway or walkway as the temperature warms. Courts have held that that the resulting ice slick is “unnatural” and can result in homeowner liability.
3) If a homeowner decides to shovel/salt conditions on his property he may not do so in a negligent manner. While this requirement is somewhat ambiguous, it generally means that a person should shovel/salt as a reasonably safe homeowner would. In other words, don’t cut corners or do the job in a sloppy manner. If you’re going to shovel the stairs or sidewalk, shovel them entirely; don’t ignore the edges or leave slush on the sides. If you’re going to salt the sidewalk, make sure there is enough salt for the entire job and not just a narrow walking path. Making part of your property safe while ignoring the rest can lead to some undesirable consequences.
4) Finally, those of you that manage or own apartment buildings have one additional rule that applies to you; that you must provide a safe method of ingress and egress to the property. This rule applies to you because these kinds of buildings need to be accessed by many people and it’s only fair that they be given safe access to them. Interestingly, this rule does not require property managers or owners to remove snow or ice, but merely warn of their presence and the danger they pose. This can easily be done through lighting or signage. While an easy burden to meet, its one often overlooked by those who must execute it.
While there are many benefits to property ownership it certainly comes with its own can of worries. Following these tips and keeping the exterior of your home in a safe condition can help ensure that this winter remains a memorable one for all the right reasons.
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