Do I Have to Shovel My Sidewalk?

Given the abundance of snow in recent days, your sidewalks may need a backhoe to be cleared. Some of us love going out with a shovel or snow blower, others not so much. But do you have to shovel your sidewalk to avoid any liability for a fall and injury?

Generally speaking, probably not. In Ohio, the “open and obvious” doctrine knocks out any duty and without a duty there is no liability. This doctrine states that the owner "owes no duty to persons entering those premises regarding dangers that are open and obvious." The rationale to the "open an obvious" doctrine is that the hazard serves as a warning unto itself and it can be reasonably expected that the person entering the premises would take precaution to protect themselves.

Private Sidewalk

With this in mind, it should come as no surprise that Ohio courts have routinely held that normal winter weather conditions in Ohio - snow, sleet, ice, and the accompanying perils - are considered obvious dangers and no liability is attributed to the landowner. This has been come to be known as the “winter rule.” As such, it is accepted that a property owner has no duty to remove natural accumulation of ice and snow from private driveways, sidewalks, and steps (i.e. leading up to the house, garage, rear entrance, etc.) However, a property owner is liable for their own negligence in creating or permitting an unnatural accumulation of ice and snow or where they should have known that a natural accumulation of snow and ice on his premises has created a condition substantially more dangerous than what should have expected in light of generally prevailing conditions. Common scenarios which could fall into one of these exceptions include: improper plowing techniques, failing to maintain downspouts and gutters, defects in canopies covering walkways, or other construction defects.

Public Sidewalk

Normally, the owners of property that abut a public sidewalk are not liable for injuries sustained by pedestrians using the sidewalk because the duty to keep streets, including sidewalks, in repair rests upon municipalities and not upon the abutting owners.However, many municipalities have enacted ordinances that impose a specific duty on landowners to keep the sidewalks in good repair, including to remove snow and ice.If you live in a municipality with such an ordinance, you may be civilly liable for injuries for failing to clear your public sidewalk within a reasonable time.Of course, you are liable if you actively create a hazard on the public sidewalk even absent a municipal ordinance.

Ohio Statute of Limitations for Slip-and-Fall and Trip-and-Fall

Ohio personal injury attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a lawsuit for injuries related to a slip-and-fall or trip-and-fall.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations in your case. If you want to know the statute of limitations applicable to your case, contact an attorney.

If you have sustained an injury in a slip-and-fall or trip-and-fall, please contact Scott for a no cost, no obligation consultation and case evaluation.

The Winter Rule: Slip and Fall Injuries on Icy Sidewalks and Parking Lots

Ohio personal injury attorney, Scott Kuboff, discusses Ohio’s “Winter Rule” and when a property or business owner is responsible for your injuries related to a slip-and-fall on an icy sidewalk or parking lot.

If you have sustained an injury after a fall on an icy sidewalk or parking lot, please contact Scott for a no cost, no obligation consultation and case evaluation.

Slip-and-Fall and Trip-and-Fall Claims in Ohio

Ohio personal injury attorney, Scott Kuboff, discusses slip and fall claims in Ohio, what an injured person must prove, and what a landowner has to do to protect you from injury.

If you have sustained an injury from a fall, please contact Scott for a no cost, no obligation consultation and case evaluation.

Are You Opening Up Your Medical History By Filing A Lawsuit?

Some potential clients are concerned that they are opening up their entire medical history by filing a personal injury claim or lawsuit.   Whatever the reason, you should know that  R.C. § 2317.02 establishes several testimonial privileges that can be asserted to prevent someone with a special relationship to a party (i.e. husband or wife, attorney, clergy, etc.) from testifying in court proceedings relative to communications made to them by the party. One privilege that is codified is the physician-patient privilege. This testimonial privilege is certainly relevant in personal injury or medical malpractice cases.

Specially, R.C. § 2317.02(B) provides that physicians "shall not testify" concerning "communication made to the physician... by a patient in that relation or the physician's... advice to a patient..." unless (1) the patient has waived such privilege or (2) the request falls within one of the exceptions.

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UYR: Road to Recovery in Slip/Trip and Fall cases

I frequently get phone calls and emails concerning individuals who were injured as a result of a trip and fall or a slip and fall on someone’s property or at a place of business.   Typical injuries range from a concussion to a broken leg or a dislocated shoulder.  Some injuries are quite significant, requiring surgical repair and many months of rehabilitation.   However, just because someone was injured as a result of a fall, does not necessarily mean that he or she has a viable claim for negligence.  In my experience, these types of claims are most always contested and vigorously defended.    

Premises liability – i.e. the liability of the landowner – is a fairly nuanced area of the law.   The purpose of this article is not to delve into every aspect of premises liability (I’ll save some for later) but, rather, to give you a general overview of what is needed to bring (and prove) a viable claim.   

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