As I’m sure many Chicagoans will agree, the last couple days have been treacherous ones for pedestrians making their way around town. Many of the sidewalks in the city are slicker than an ice rink after the Zamboni sweeps over it. Some folks make sure their sidewalks are cleared and salted, others seem content to do nothing and let ice and snow accumulate to frustrating levels.
My question is this. What are the relevant city laws here regarding who is responsible for clearing and salting sidewalks? Is there a city ordinance that requires property owners to clear and salt sidewalks? If so, what is it, and how does one get it enforced? Are landlords in courtyard buildings required to salt and clear their courtyards?
What recourse does a frustrated pedestrian have here?
They don’t give out tickets in this age of budget shortfalls? It sucks your city won’t enforce their snow removal ordinances.
In Madison Wisconsin in 2010 Ald. Chris Schmidt tried to make the closest property owner to bus stops liable for keeping them clear of snow and ice to save the city money. It didn’t fly. Maybe next time she can try for snow removal from the street in front of the property and save even more.
If the sidewalk is city property, then they need to clean it off. Forcing me to clean their property without pay is tantamount to slavery.
If the sidewalk is my property, then I’ll leave ten feet of snow on it if I damn well please. If someone falls on it, then I owe them no duty because they are trespassing on my land. In fact, I will charge everyone a toll who passes by.
I thought the sidewalk to your house, while yours, was considered a public access piece of property. For instance, you cannot have the Girl Scouts ringing your doorbell to sell you cookies charged with trespassing. They are legally allowed to be there (you can ask them to leave of course and they have to but just using your sidewalk to your front door is not trespass).
As such that sidewalk is your responsibility and if someone slips and falls while making proper use of the sidewalk (say the mail delivery person) and gets hurt because you neglected to clear it you may find yourself getting sued.
To muddy the waters even further, the City of Calgary expects homeowners to take care of city property in front of homeowners’ houses, but the City does not return the favour by taking care of city sidewalks in front of city property (except in a very half-assed way). The game is totally rigged in their favour.
In my Boston-area town the home or building owners are responsible in most places. There are some exceptions where the city will plow the sidewalks, but not many. Alas, enforcement is very lax, as opposed to the parking enforcement.
It depends if lawsuits have made it to a state supreme court. In my State they ruled that a property owner could not be compelled to clear a sidewalk. The legal problem then becomes if you DO clear your sidewalk you’ve bought yourself some liability. So if I’m out of salt and it looks like a melt/refreeze event then I don’t clear anything.
Right. Absent a law to the contrary (which Chicago may well have enacted), under the common law the property owner has no duty to clear his walk of natural hazards, such as snow and ice. However, if he does something - anything - to the snow or ice, then he does become liable. The best policy is to just leave it.
Whack-a-Mole:
You may get sued, but you won’t be liable, absent a statute to the contrary. Moreover, you may not have fee simple to the sidewalk. I’m not going into a long discussion of sidewalk title here, especially for
Chicago. (Suffice it to say, for the property in the Original Town of Chicago, the adjoining owners do own the fee simple, subject to an easement to the public.) In many instances, all you may have is an easement, with title being dedicated to the city. This is especially true for Illinois since the enactment of the Plat Act (around 1900), which states that if the platted and subdivided property conforms to the Plat Act, title to the streets dedicated (which would include sidewalks) is in the municipality.
Law <!=> Statute. That is most likely a municipal ordinance (does Illinois regard municipal codes as large ordinances?). Ordinarily statutes are the exclusive prerogative of legislatures of sovereign entities.
My experience in New York was that sidewalks were titled to the property owner, subject to an easement to the municipality, which could compel their clearing. In fact, many roads were similarly easements – the underlying title extended to the middle of the road. State highways would be abandoned to the county, which would make them county roads; county roads would be abandoned to the town(ship); and town roads would be abandoned to the landowners.
Property rights (and the associated issues attendant to them) seem like they should be straightforward at first glance. When delved into more deeply they are murky and confusing and the realm of lawyers and courts and lots of money and time to sort out.
As shown in this thread already there is no clear answer to a seemingly simple question. More, it is apparent a simple answer, or even an idea on what we think would be ideal, cannot be arrived at.
My uninformed recollection is that some places hold that the homeowner is not liable for “open and obvious” hazards; i.e., what a pedestrian could reasonably be expected to see. So, snow that other foot traffic has tamped down to ice, or ice that has been covered by snow, could potentially be a source of liability under this formulation.
This is not legal advice. No attorney-client relationship is created, intended, or implied.
As noted, Chicago has a municipal ordinance requiring property owners to remove ice and snow from sidewalks in front of their property. However, Illinois also follows the rule that there is no liability for falls caused by natural accumulations of snow or ice. So a property owner who follows the ordinance but doesn’t do it well may be liable for a slip and fall. Had they left the ice and snow alone, no liability would attach.
Let me get this straight, there are cities where landowners and tenants are forced by law to clear the city’s sidewalks in front of their house, and when they do, they become liable for injuries people incur walking on it? I’m dumbfounded.
To be clear IANAL so I may be getting this wrong. Hopefully a legal eagle will show and sort it. My understanding of what you are asking is something like this:
You are out of town and a storm occurs that puts ice on your sidewalk. Someone walks up it and slips and gets hurt.
Not your fault.
You are in town and a storm occurs that puts ice on your sidewalk. You do nothing. Someone walks up it and slips and gets hurt.
May or may not be your fault depending on the law where you live.
You are in town and a storm occurs that puts ice on your sidewalk. You take some action to clear the sidewalk but miss a spot. Someone walks up it, steps on the spot you missed and slips and gets hurt.
Your fault. You took responsibility for the area, presumably people walking up your sidewalk saw a clear path thus they were “surprised” stepping on the spot you missed.
Frankly I think the difference here is less the law and more how good your lawyer is versus the other person’s lawyer.