Yesterday, I walked to the dentist (about a half mile) and experienced twenty or more different kinds of wet conditions on the ground. At that time of day, it was raining on top of an inch or two of snow. Some was slushy, some was puddles on top of snow, some was untrodden snow (my favorite). The street was slushy or iced. Some walks were already shoveled. A few were already sanded. You get the picture…
As a real estate agent, I get asked about who is responsible to shovel: the landlord or the tenant? Since that’s a legal question, I depend on Attorney Richard Vetstein for accurate legal answers to general legal questions. He keeps an eye on legal changes that affect homeowners.
Here is his Frequently Asked Questions about snow removal.
Who clears the snow? The summary is:
Yes, homeowners are responsible for clearing snow from the public walk in front of the house as well as the walkways to the house.
Yes, homeowners can require that their tenants do the snow removal. This does not remove the landlord from liability. The tenant can also have liability in that case.
How long after the storm is reasonable to expect clear walkways is up for interpretation. Some municipalities have time limits (and then start ticketing.)
Insurance companies in Massachusetts cover liability for snow-slip accidents.
Things I mention to my buyers, in the summer, that are really obvious today:
Corner lots have twice as much sidewalk to shovel.
Hills pose two problems. First, it is easier to slip when shoveling downhill. Second, it is easier for your car to slip in a hilly driveway or street.
Stairs pose a number of problems.
- Clearing snow from steps is slow work. So, if you have a lot of steps, you have a lot of work.
- There are many ways that a step can become slippery and dangerous. If the steps are pitched downward, they encourage the foot to slip down. Yet a little downward pitch is needed for draining water off the top. Too much is hazardous. If the step is higher in the front, water can drain toward the riser and become ice: slippery again.
- Handrails are a must when there are more than a couple of stairs.
You’ve been warned. Ready to shovel or snow-blow?
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