manticore33 wrote >>
I always thought that being a home / property owner and shoveling the sidewalks made you liable for any slips or falls (altering condition of public property). Since snowfall is considered an 'act of god' and shoveling alters that condition (which we all know the plowed-to-ice problem) making you liable if someone gets injured. Maybe not in Ohio?
Quick Google search revealed:
Plain Dealer Article / Case Law
Which might impart liability on you if you alter the condition of the snow.
This is my understanding as well.
I actually require my tenants to remove snow from their walks, but if any of them ever contest it, I would cite the city ordinance, and if they still had issues I would give in because of the liability issue.
I shovel my own walks and drive, but I make sure that I do a damn good job. Sure, that doesn't prvent someone from slipping, but I try.
There are so many different ways to argue this and so much of it depends on the situation. I really wish it would go up the flagpole (again?) and we would get some real resolution out of it.
Mister MooCow wrote >>
manticore33 wrote >>
I always thought that being a home / property owner and shoveling the sidewalks made you liable for any slips or falls (altering condition of public property).... Maybe not in Ohio?
According to Channel 6 news, this is not the case in Ohio (the story implied some tort reform removed this source of frivolous lawsuits).
And I seriously doubt any of these deadbeats consulted a lawyer about liability or even went through such a thought process-- they just don't care enough about the surrounding community to keep their sidewalks clear and passable.
How does it really differ from the street? I saw some lady walking on the icy/snow street because it had been plowed and the sidewalk had not. If she slipped and fell, can she sue the city? Ok, well, the answer is yes, she can, but does she have a case? Maybe not because a sidewalk did exist and walking in the street is probably illegal...I dunno. We need this sort of stuff figured out.