No State Mandate to Shovel Sidewalks in Ohio, but Local Laws May Require It

As far as Ohio state law goes, homeowners don’t have a legal obligation to shovel sidewalks due to a natural accumulation of snow and ice, but this doesn’t mean they shouldn’t at least try to maintain them, according to the Ohio Insurance Institute.

In December 1993 the Ohio Supreme Court upheld this law when a guest attempted to sue a homeowner in Franklin County for a slip and fall outside of the homeowner’s house.

The case, Brinkman v. Ross, stemmed from a visit by Brinkman to the Ross home in February 1989. Brinkman slipped outside the Ross home breaking her ankle. She sued her hosts in Franklin County Court of Common Pleas. The court threw out the complaint, indicating that it had long been established that Ohio homeowners are not obligated to remove natural accumulations of snow and ice.

The decision was reversed in the court of appeals, saying that if a homeowner knows of a hazardous condition and invites guests to visit, there is an obligation to at least warn them. The case then went to the Ohio Supreme Court where the judgment was overturned.

As a result, it is up to a homeowner’s guests and other pedestrians to assume that because of the nature of Ohio winters, there’s always a risk of a slip or fall due to the natural accumulation of ice and snow.

Local Ordinances

Local municipalities may invoke snow removal ordinances. If a city or township has an ordinance that requires residents to keep walkways free of snow and ice, then the homeowner has a responsibility to maintain their sidewalks. Some Ohio cities with snow removal ordinances levy fines for not removing snow in a timely manner while others issue warnings.

However, a local ordinance does not automatically implicate a homeowner if someone slips and falls on their uncleared property, the OII said.

Topics Ohio Homeowners