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.