Responsibility for Snow and Ice Removal

While we had a relatively mild start to winter, these past few weeks have brought snow, ice and freezing temperatures to Connecticut. Unfortunately, these wintry conditions can pose a very real danger for those walking outside after a storm. Slip and fall cases spike during the winter months, and I routinely receive calls from people who have fallen on untreated icy parking lots, driveways, sidewalks and exterior stairs.

Ultimately, it is up to property owners to make sure that their walking surfaces are safe for pedestrians. Property owners almost always have a “nondelegable duty” with respect to keeping their premises safe. This means that property owners can’t simply avoid the responsibility to keep their walkways free of ice and snow by assigning this task to a landscaping or snow removal company.

While property owners do have this non-transferrable duty to keep their property free of ice and snow, they are given a grace period during a storm. Under Connecticut’s ongoing storm doctrine, property owners are allowed to wait a “reasonable” amount of time after a storm ends to begin to clear their walkways. As you might guess, “reasonable” is not precisely defined in terms of minutes or hours, and will vary on a case-by-case basis.

If you are a property owner, do not let bad weather take you by surprise and leave you exposed. For your own protection and the safety of others, be sure you have a plan in place to keep your property safe.