Icy Sidewalks Bring Lawsuit Risk for Missouri Homeowners

January 12, 2013

Icy Sidewalks Bring Lawsuit Risk for Missouri Homeowners

Winter is on its way, and that means that cold temperatures, snow and freezing rain will soon be facts of life for St. Louis residents. With this comes the risk of slipping and falling on an icy sidewalk.

Nearly everyone has fallen on the ice at some point in their life. In most cases, the worst consequences are wet pants and a bruised ego. However, slip and fall accidents also have the potential to cause very serious injuries. Falling on an icy sidewalk could result in bone fractures, joint damage, back injuries, head injuries, severe contusions and all sorts of other injuries.

In Missouri, every property owner has a duty to maintain his or her property in a reasonably safe condition that does not put visitors at an unreasonable risk of harm. In the wintertime, this means that homeowners are required to keep their sidewalks free from unnatural and dangerous accumulations of ice and snow. Homeowners who do not uphold this duty can face legal liability in a personal injury lawsuit if someone is injured in a slip and fall accident on their property.

Missouri Snow Shoveling Rules

Many Missouri homeowners do not understand the rules about clearing snow and ice from their sidewalks. This can lead to a lot of dangerous misconceptions. For example, the Columbia Daily Tribune reported that some homeowners believe that they can keep themselves free from liability simply by refusing to shovel at all. Of course, this isn't true. If anything, a complete failure to shovel would make it more likely that a homeowner could be held liable if a slip and fall injury occurred.

Generally speaking, homeowners cannot be held liable for recent natural accumulations of snow and ice. There is no legal duty to clear snow as it falls or to go outside and salt a sidewalk during an ice storm. However, there is a duty to clear the sidewalk before it becomes unreasonably dangerous. How long this takes is up for debate -- however, if the snow has become hard or uneven or has turned into patches of ice, the homeowner has likely waited too long.

Homeowners also have a duty to keep their sidewalks free from unnatural ice accumulations. While a certain amount of thawing and freezing is unavoidable in the winter months, homeowners must address significant ice accumulations. For example, homeowners could be held liable if they allowed their gutters to dispense water on the sidewalk.

In addition, it is important to note that a homeowner's failure to shovel his her sidewalk is a misdemeanor in many Missouri municipalities.

This winter, make a point to keep your sidewalk clear of snow and ice. By doing so, you can help keep your neighbors safe and free from harm.

Article provided by Robert J. Albair, P.C.
Visit us at http://www.robertalbairlaw.com/