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.

Get Ready for Winter Driving

Snow, sleet, and ice are around the corner. Recent news stories have highlighted the challenges ODOT is facing with hiring people to drive snow plows which could lead to longer clearing times on primary and secondary roads.

Here are some tips to keep it between the ditches this winter:

Before You Go

  • Check your battery — battery power drops in colder temperatures

  • Check your tires — check the tread on your tires and replace if less than 2/32 of an inch

  • Check the tire pressure — tire pressure drops in colder temperatures

  • Wipers and fluid — replace your wipes and add fluid rated for negative temps

  • Remove Snow and ice — clear off your windows and mirrors

How to Avoid a Crash

  • Cruise control — do not use cruise control in wet or wintery conditions as your car will accelerate if your tires loose traction

  • Take your time — accelerate and decelerate slowly

  • Give more space — stopping distance increases so give the vehicles in front of your more space by increasing your following distance

  • Steer into the skid — take your feet off the pedals and turn the wheel in the direction you want to go; once you gain traction you will not have to overcorrect

  • If possible, do not stop when going uphill

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.