Slip and fall accidents on icy sidewalks are common during winter, but determining who is responsible isn’t always straightforward. Many people assume that property owners are legally required to shovel their sidewalks, but in some cases, the responsibility falls on the city or another governing body. If you’ve been injured due to an unshoveled sidewalk, understanding your legal rights is essential before taking any action.
Liability for sidewalk maintenance depends on local ordinances, homeowner obligations, and state negligence laws. While some laws clearly define who must remove snow and ice, others leave room for interpretation. If a neighbor’s failure to clear their sidewalk resulted in your injury, you may wonder whether you can hold them accountable. With personalized guidance, Hollis Law Firm can help you navigate these complex legal questions. Examining local laws, property owner duties, and legal precedents can help clarify your options.
Who Is Responsible for Sidewalk Maintenance?
Sidewalk maintenance laws vary widely depending on location. In some cities, property owners are responsible for keeping sidewalks adjacent to their homes safe for pedestrians. These regulations may require homeowners to shovel snow within a specific timeframe after a storm or apply de-icing treatments to prevent accidents. Failure to comply could result in fines or, in some cases, liability if someone is injured. However, in other areas, sidewalk maintenance falls under the jurisdiction of the local government, meaning homeowners are not required to remove snow and ice.
Homeowners’ associations (HOAs) and rental agreements may also include rules regarding sidewalk maintenance. Some HOAs enforce strict snow removal policies, requiring members to clear sidewalks or hire a service to do so. Tenants may have obligations outlined in their lease agreements, particularly if they rent a single-family home. Before pursuing legal action against a neighbor for an injury, it’s important to verify who is responsible for maintaining the sidewalk.Â
When Can a Neighbor Be Held Liable for a Fall?
A neighbor may be liable for a slip and fall accident if they failed to follow local snow removal laws or created hazardous conditions. If a city ordinance requires homeowners to clear their sidewalks and they neglect to do so, they could be held responsible for injuries that occur as a result. Additionally, even in areas where there is no legal obligation, a homeowner might be liable if they take actions that increase the risk of a fall. For example, if a homeowner shovels but leaves a thick layer of ice without applying salt or sand, they may have contributed to unsafe conditions.
Negligence laws generally require that the injured person prove the homeowner knew or should have known about the dangerous condition and failed to take reasonable action. This means liability may be difficult to establish if a snowstorm just ended and no reasonable time has passed for snow removal. However, if a homeowner repeatedly ignores an icy sidewalk for days or weeks, they may be considered negligent.
What Steps Can You Take If You’re Injured?
If you slip and fall on an unshoveled sidewalk, taking immediate action is crucial for both your health and potential legal claim. First, document the accident scene by taking photos or videos of the icy sidewalk, any visible injuries, and surrounding conditions. If possible, ask witnesses for statements about what they saw. Seeking medical attention is also essential, as injuries from slip and fall accidents can worsen over time. A medical report will also serve as key evidence if you pursue a legal claim.
Next, determine whether a report should be filed with local authorities. In some cases, filing a complaint with the city about an unshoveled sidewalk can support your claim. If your injuries require legal action, consulting with a personal injury lawyer can help you understand your options. A lawyer can assess the case, determine if the property owner was negligent, and guide you through the process of seeking compensation.
Injured in a Slip and Fall Due to Icy Walk Ways? Understand Your Legal Options Today
Holding a property owner liable for a fall on an unshoveled sidewalk depends on local laws and the specifics of the case. At Hollis Law Firm, we help injury victims navigate legal challenges and determine whether negligence played a role in their accident. With years of experience handling premises liability cases, we provide clear legal guidance tailored to your situation.
If you’ve been injured due to a hazardous sidewalk, it’s essential to understand your rights. We evaluate every case thoroughly, gathering evidence and exploring the best path forward. If you’re ready to discuss your options, contact Hollis Law Firm today at (800) 701-3672 or fill out our contact form.
