CLEVELAND — More than two days after a massive snow storm left northeast Ohio with as much as two feet of snow, some sidewalks throughout the area have yet to be shoveled.
While both city and state officials agree that there is a moral obligation to clear sidewalks for pedestrians, whether a property owner is legally obligated to shovel a sidewalk is more complicated.
The State of Ohio does not have a statewide law requiring property owners to clear their sidewalks. Additionally, in a 1993 Ohio Supreme Court case Brinkman V. Ross, the court found that a property owner is generally not liable if someone slips and falls as a result of an unshoveled path.
“However, a homeowner would be liable if someone decides to sue as a result of tripping over a crack or other irregularity on a homeowner’s walkway. Also, if someone slips on ice that was formed because of a poorly positioned down spout, the homeowner could be held liable,” said the Ohio Committee for Severe Weather Awareness.
While it might not be against state law, many municipalities require snow to be removed from sidewalks following major storms.
The City of Cleveland requires sidewalks to be cleared by 9 a.m. every morning by the owner, occupant or property manager. City code says that the city may remove the snow at the expense of the owner. Those who fail to pay for the snow and ice removal may face liens.
The City of Akron has a municipal code that requires snow to be removed within 24 hours or face a bill from the city for its removal.
The City of Parma, the Cleveland area’s largest suburb, has even more strict laws regulating snow removal. The city gives owners and occupants “a reasonable time, which will ordinarily not exceed 12 hours after any storm,” to remove snow from sidewalks in the front of the property. Those in violation could be forced to pay the city to remove the snow.
Many other suburbs in the region have similar requirements.
