Imagine the first light of dawn breaking through a heavy snowfall that has blanketed your neighborhood. As you sip your morning coffee and peer out your frosted window, you see that the sidewalk in front of your house is now hidden under several inches of snow.
Kids will be off to school soon, and your elderly neighbor will be out walking her dog. A thought crosses your mind:
Do I legally need to shovel the sidewalk in front of my house?
Understanding your legal obligations
First things first: for homeowners or occupants, the task of clearing sidewalks of snow and ice falls on YOU.
The exact requirements differ from one jurisdiction to another. While some areas keep it simple with a broad stroke rule, others outline specifics, such as:
- Deadlines for snow removal: Many areas mandate that snow be cleared within a specific timeframe, often within 24 hours after snowfall.
- Path width: Some areas specify the minimum width of the cleared path to ensure it’s accessible for pedestrian use.
- Snow disposal: Some areas specify where homeowners or occupants may dispose of the removed snow.
Notably, some jurisdictions include provisions specifically designed to accommodate elderly individuals, allowing them a longer timeframe for removing snow and ice from their property.
To give you a clearer picture of how these rules can play out, let’s take a look at the snow removal ordinance in Chicago as an example.
Chicago’s snow removal ordinance: an example
According to the Municipal Code of Chicago 4-4-310 and 10-8-180, property owners and occupants are tasked with keeping sidewalks clear of snow and ice.
More specifically:
- Snowfall between 7:00 AM and 7:00 PM must be cleared by 10:00 PM on the same day.
- Snowfall between 7:00 PM and 7:00 AM must be cleared by 10:00 AM the following day.
- A path at least five feet wide must be cleared on all sidewalks adjacent to the property.
- Special provisions are in place for corner lots, requiring clearing snow and ice from all sidewalks around the property and from corner sidewalk ramps.
- If the snow on the sidewalk is frozen so hard that it cannot be removed without damage to the pavement, the owner or occupant must cover the sidewalk with sand or some other product designed to mitigate slipping hazards.
Failure to comply with these regulations can result in fines ranging from $50 to $500.
Liability for injuries suffered on icy sidewalks
The legal principle of premises liability holds property owners responsible for certain injuries that occur on their property.
If a pedestrian were to slip and fall on an icy sidewalk in front of your house, you could be held liable for their injuries if it can be proven that you neglected your duty to maintain the sidewalk in a reasonably safe condition.
Do I have to clear snow and ice immediately?
The law recognizes that immediate action isn’t always feasible. Instead, it expects that homeowners and occupants act within a “reasonable amount of time” to remove snow and ice.
The term “reasonable time” can seem a bit ambiguous, as it doesn’t have a one-size-fits-all definition. However, this is where local ordinances come into play, often providing specific timeframes and guidelines to follow. These local laws are your best indicator of what constitutes a reasonable time in your area, ensuring sidewalks are safe for pedestrian use without imposing unrealistic expectations on property owners.
Potential damages
If you neglect your duty of clearing snow or ice from your sidewalk and an injury occurs as a result, you might find yourself facing a lawsuit.
In such instances, the injured party has the right to pursue compensation for their suffering, which can include various types of damages:
- Economic Damages: These are quantifiable losses the injured party has suffered, such as medical expenses, lost wages, and other out-of-pocket expenses directly related to the injury.
- Non-economic Damages: These refer to the intangible losses suffered by the injured party, which can include pain and suffering, emotional distress, loss of enjoyment of life, and more.
It’s worth noting that your homeowner’s insurance policy may provide some protection in these situations. Typically, insurance can offer a defense in a lawsuit and may cover the damages awarded, up to the limits of your policy. However, coverage is not a given and varies based on the specifics of your insurance agreement and the nature of the claim.
Best practices for sidewalk snow removal
To ensure compliance with local laws and minimize the risk of accidents and liability, here are some best practices for snow removal:
- Act promptly: Begin snow removal as soon as possible after the snowfall ends, keeping in mind any specific deadlines set by your local ordinances.
- Clear thoroughly: Remove snow and ice from the entire width of the sidewalk, as required by your municipality, to ensure safe passage for pedestrians of all abilities, including those with strollers or wheelchairs.
- Use de-icing agents wisely: Apply sand, salt, or other de-icing agents to prevent ice from forming, especially during periods of freezing and thawing.
- Maintain your tools: Keep your snow removal tools in good condition, and consider investing in ergonomic tools to reduce the risk of injury to yourself.
- Seek help if needed: If you’re unable to shovel due to physical reasons or are going to be away from your home, arrange for someone else to take care of the snow removal in your absence.
Consider starting a community snow removal program on your block. These programs typically focus on aiding those who are unable to shovel snow themselves, such as the elderly, the disabled, or those away from their properties for long periods of time. By pooling strength and resources, small communities can ensure everyone’s property remains safe and accessible.
The winter season brings with it a responsibility for homeowners to maintain the sidewalks in front of their homes. While the specific legal requirements vary, the underlying goal is to ensure the safety and accessibility of public walkways for everyone in the community. By understanding your local ordinances and adopting best practices for snow removal, you can contribute to a safer neighborhood and avoid potential legal and financial consequences.