In NY Capital, Property Owners, Residents Must Clear Sidewalks of Snow

March 22, 2012

Though this winter has been the third least snowiest in upstate New York since 1884, Albany residents should not neglect their responsibility to clear sidewalks of snow and ice, especially after late-season freezes or snowfalls like the one that dumped almost nine inches over the city in early March. Failing to clear sidewalks after a storm puts pedestrians at risk and property owners vulnerable to personal injury lawsuits.

In Albany, property owners or residents must clear the snow and ice from all sidewalks adjacent to their properties within 24 hours after the end of a storm. This may include measures like shoveling, snow blowing, sanding or salting the walk. If property owners fail to clear their sidewalks within 24 hours, the Department of General Services will clear the sidewalks and mail the bill--and a $100 fine for each occurrence--to the property owner.

The city prohibits property owners and residents from shoveling, snow blowing or plowing snow or ice from their driveways and sidewalks into city streets, carriageways or crosswalks. Residents and property owners who violate this ordinance will be fined $125 for each occurrence.

Clear sidewalks help keep pedestrians safe during the winter months and property owners and residents may be held liable for negligence if they fail to remove snow and ice from the public sidewalks along their properties.

Owners can generally be held liable for injuries sustained by a pedestrian on the sidewalks adjacent to their homes under three conditions:

- The conditions of the sidewalk or actions of the property owner create a hazard
- The property owner had notice of a dangerous condition
- The property owner should have been aware of an existing dangerous condition

These conditions apply once the snows stops falling and pedestrians are again using sidewalks. Generally, property owners cannot be held liable for injuries caused by dangerous sidewalk conditions during a storm unless the injury is caused by an existing danger, like a patch of ice, which is covered by the fresh snow.

Though winter is on its way out, a surprise storm can always occur. Pedestrians should know that property owners and residents are required to clear the sidewalks adjacent to their properties and can be held liable for any injuries sustained by pedestrians due to failing to comply with the city ordinance. If you or a loved one has been injured in a fall on an uncleared sidewalk, please contact an experienced personal injury attorney.

Article provided by Hacker Murphy LLP
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