The morning after a light snow, a St. Paul, Minnesota man looked out his front window and noticed the walkway in front of his home and his neighbor’s was covered in white.
Without a moment’s hesitation, the resident put on his coat and shoveled not only his own walk , but his neighbor’s. That fact that the man was over 100 years old didn’t seem to make much difference. As he said, “Well, he’s out of town, and…I can use the exercise … and I know my limitations.”
But his neighborly actions bring up a point for any homeowner, especially elderly residents who do not have his stamina or strength. What are the legal obligations to maintaining the walkway in front of your property
While it might seem that the law would be clear, there are really a number of nuances, as well as state and local ordinances to be considered as well as the requirements of your homeowners insurance.
In most cases homeowners are responsible for maintaining access to their home and could be responsible if a visitor slipped and fell. But this can vary from state to state and municipality to municipality. Some states, such as Colorado, actually require sidewalks be cleared within a specific time frame.
But in other states the full sidewalk in front of most homes is not considered the property of the homeowner and it’s up to the municipality to clear the walk. Yet another consideration is the stipulation that, if you do shovel, but leave a thin layer of ice, you might be liable for any resulting accident.
In short, before you decide to do any good deeds, like our St. Paul Good Samaritan, check the state and local ordinances to avoid running afoul of the law or your insurance policy.
At O’Connell Law, LLC, we can help you achieve your goals for the future, providing proper protection for you and your loved ones.
