The City of Alexandria website details the responsibilities for property owners, occupants, businesses and community associations, stating that “Snow and ice must be cleared from all paved sidewalks abutting your property within 24-72 hours of the end of the snowfall, depending on the storm response level.” If you don’t clear your sidewalks, the city says you could face a $50 fine, or the city could do the work and then charge you for the cost.
Many homeowners, especially if they’re newcomers to the wintry parts of the country, might not realize they may be responsible for clearing snow and ice from the sidewalks outside their residence. Doing so can limit slips and falls by pedestrians, while keeping them on a safe path and away from roads.
Paying a price
While laws will differ depending on where you live, many municipalities require property owners to maintain the sidewalks that abut their property to some degree. Fines in some cases can reach hundreds of dollars. If you live in a city or town that has such laws, there’s a possibility that you could be liable if someone injures themselves on the sidewalk in front of your property.
In New York City, for example, the law requires property owners to maintain the sidewalks that abut their property “in a reasonably safe condition.” This applies not only to clearing snow, ice or dirt, but also to defective sidewalk flags, which property owners must “reconstruct, repave, repair or replace,” although there is an exemption for one-, two- or three-family residential properties that are wholly or partly owner occupied.
New York City property owners are generally liable for “any injury to property or personal injury, including death,” caused by unmaintained sidewalks. Property owners are required by city law to have personal injury and property damage liability insurance to cover incidents caused by the failure to maintain a sidewalk.
What you can do
If you aren’t sure whether you are required to maintain the sidewalks where you live — and to what degree — it’s a good idea to check the local laws. Your city may simply require you to keep the sidewalk clear of debris, or, like some properties in New York City, you may be required to make repairs.
When it comes to snow and ice removal, your city may have a time frame in which you’re required to clear the sidewalks. For example, in Alexandria, the city will designate weather events based on its winter weather emergency classifications. Such classifications often depend on the type and amount of precipitation. More severe storms might warrant a longer time frame for snow removal.
Renters may want to check their leases to see who is responsible for sidewalk maintenance, particularly during winters.
If your municipality requires property owners to maintain their sidewalks, it’s a good idea to check your insurance policy to see whether it covers personal injury due to an unmaintained sidewalk, as a personal injury lawsuit could mean serious financial impacts. Liability typically depends on who is responsible for what type of maintenance and if negligence played a role.
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Rebecca Payne has more than a decade of experience editing and producing both local and national daily newspapers. She's worked on the Toronto Star, the Globe and Mail, Metro, Canada's National Observer, the Virginian-Pilot and Daily Press.
