Homeowners
Face New Snow Removal Responsibilities
While
shoveling snow from your driveway and sidewalks can
often be a headache, not to mention a backache,
not all property owners are diligent at removing
snow and ice in a timely manner. Many homeowners view
their snow removal duties as
“optional” and often postpone their
sidewalk clearing chores until the time is more
convenient, while others may neglect the shoveling
altogether. Many people feel that if it’s their
home, they should have the option to deal with the snow
as they see fit, right? Not necessarily.
Laws Governing Snow Removal for Businesses
The laws
mandating snow removal for businesses are clear and
unforgiving. The consequences of neglecting snow
removal can result in fines levied by the city and
leave businesses susceptible to costly personal injury
lawsuits. Either way, these are avoidable costs, which
is why businesses in cold climates take their snow
removal duties seriously. But the legal
responsibilities of snow removal are not confined to
businesses. Homeowners in the North East are also
feeling the chill of a legal climate change.
Homeowners Must Keep Their Sidewalks Clear of
Snow and Ice
A
Massachusetts court recently overturned a 125-year-old
“slip and fall” accident law. Prior
to this latest decision, the state’s courts made
a distinction between snow and ice conditions
caused by nature and those caused artificially.
Not anymore. Whether the snow on your sidewalk is a
natural accumulation from Mother Nature or the result of
a passing snow plow, the responsibility rests
squarely on the shoulders of the homeowner to
clear that snow from the sidewalk.
In the past,
Massachusetts law had stated that property owners did
nothing wrong when they didn’t remove ice or snow
that accumulated naturally. Recently however, the
Supreme Judicial Court ruled unanimously that
property owners can now be held liable for snow or ice
on a walkway, whether the snow accumulated
naturally or by “man-made” means.
Essentially, the ruling states that walkways in
Massachusetts must be safe to walk on at all
times.
Like business
owners, homeowners are also liable for “slip and
fall” accidents that occur on their
property. And in this day and age of rampant
litigation, it makes sense to do all we can to reduce
our exposure to potentially devastating personal
injury lawsuits.
Certainly,
diligent snow shoveling and timely distribution of ice
melting chemicals can enhance safety and reduce
the chances of accidents, but it’s hard for
any homeowner to feel completely at ease during the
winter cold spell. If Edna, the sweet little old
lady next door, decides to walk to the corner
mini-mart after a storm and takes a spill on your icy
sidewalk, she has the legal right to come after you with
the full backing of the law, and you can bet
she’ll have a small army of personal injury
lawyers eager to take her case.
However,
radiant snow melting systems may be the most reliable
remedy for “litigation angst” by
ensuring safe, snow-free driveways and sidewalks
around the clock.
These fully
automated systems are activated by a high-tech snow
sensor that signals the unit's controller when it
detects precipitation and temperatures are below
39° Fahrenheit. The control unit then sends power
to the embedded heat cable, warming the driveway or
sidewalks. Installing a heated driveway not only
eliminates the time consuming, arduous task of
manual snow removal, but provides peace of mind by
enhancing safety as well as increasing the value
of your property.
And with
cities such as Chicago, Omaha, Minneapolis, Detroit,
Cleveland, Seattle and Portland predicted to
receive above-normal winter snowfall this winter,
it makes sense to be prepared.
Find
out more about how radiant heat can become
a part of your winter weather strategy.