Winter is approaching and that means snowstorms. Kids are excited because they miss school and play in the snow. Adults have a different view: Digging out cars to get to work, slippery road ways, and shoveling sidewalks.

Are you legally obligated to shovel the sidewalk in front of your home or business? What happens if someone falls on the sidewalk? Accidents that involve snow and ice are very dangerous and often result in serious injuries. Who is responsible?

Most towns, counties, villages and cities have ordinances that require abutting property owners to clear the sidewalk in front of their property. However, if you fail to clear the snow and ice and someone slips and falls–you may not have liability for the accident. While a local ordinance may require you to clear the snow & ice, it might not create a legal duty to the passing pedestrian to keep the area safe–that duty remains with the municipality. So if you’re a homeowner in such a locale you might not have liability for someone’s injuries as a result of the failure to clear the sidewalk in front of your house! Sounds crazy, doesn’t it?

Many municipalities have recognized this anomaly and have enacted ordinances that create such a legal duty, specifically imposing civil liability on abutting owners for injuries caused by unsafe conditions such as snow & ice, uneven sidewalks and exposed tree roots. Examples of such locales include the City of New York, Village of Mineola and Village of Hempstead.

Snow and ice seem like a recipe for disaster, but if you know the proper way to handle it, you can avoid problems. What should you do?

If you live in a place like New York City or the Village of Mineola you must keep the sidewalk in reasonably safe condition, which means clearing the sidewalk of snow and ice, applying salt, sand or other melting agents.

If you don’t live in such places, as a good neighbor, you’ll likely shovel your sidewalk anyway. If you do, do it carefully! Shoveling your sidewalk is an invitation to walk on it. If a sidewalk weren’t shoveled, a pedestrian would just go around it. Once the pathway is clear, the pedestrian assumes that it’s safe to walk through, and you should make sure that it is.

If you have questions about these issues, or know someone affected or injured in such circumstances, call us and we can help.

Law Offices of
Elan Wurtzel, P.C.
516-822-7866
800-972-8144
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