Do I Have to Shovel My Sidewalk?
One common question homeowners face in winter is whether they are required to shovel their walkways and steps to keep them safe.
And if someone does get injured on a walkway that hasn’t been shovelled, what are the potential legal and financial consequences? Does home insurance cover liability in this situation? Let’s explore these questions in detail.
Do I absolutely need to shovel my walk/steps?
In most areas in Canada, homeowners have a legal responsibility to maintain safe pathways on their property, including walkways and steps. This includes shovelling snow and salting icy areas to prevent slip-and-fall accidents.
The specific requirements may vary depending on your municipality, but many cities and towns have bylaws that mandate homeowners to clear snow and ice from their driveways, walkways, and steps within a certain timeframe after a snowfall.
Here are the legal requirements:
In many municipalities, you are typically required to clear snow and ice from your walkways and steps within 24 hours of a snowfall. Failure to do so may result in fines, and in some cases, the city or town may hire a contractor to clear the snow for you, charging you for the service.
These laws are in place to ensure public safety, as unshovelled walkways can become dangerous, especially when the snow melts during the day and refreezes overnight, creating icy conditions.
Best practice
Even if there are no specific local regulations requiring you to clear snow and ice, it’s still a good idea to do so to protect your guests, delivery people, and anyone who might be walking around your property. Not clearing your walk or steps can create a dangerous environment that increases the risk of accidents and injuries.
What if someone gets injured on my unshovelled walk or steps?
Accidents happen, and unfortunately, slip-and-fall injuries are a common occurrence during the winter months. If someone gets injured on your property due to unshovelled walkways or steps, you may be held legally liable for their injury. This means that if a person slips, falls, and sustains injuries while walking on your unshovelled walk or steps, they could potentially sue you for medical expenses, pain and suffering, lost wages, and other damages related to the injury.
Premises liability
As a homeowner, you are responsible for maintaining a safe environment for visitors on your property. This includes removing snow and ice from walkways, steps, and other areas that could pose a risk. If you fail to do this and someone is injured as a result, you could be found negligent and liable for their injuries under premises liability laws.
Contributory negligence
If the injured person was partly at fault for their own fall (for example, by running or not paying attention to their surroundings), this could affect the outcome of the claim. In some cases, they may be unable to recover full damages, or their compensation could be reduced based on their level of fault.
Does my home insurance cover the liability?
Most standard homeowners’ insurance policies in Canada include personal liability coverage, which may cover injuries that occur on your property due to accidents, including those caused by unshovelled walkways or steps. This type of coverage is designed to protect you if you are found legally responsible for someone’s injury or property damage.
Personal liability coverage
Personal liability coverage in your homeowner’s policy can help pay for medical bills, legal fees, and compensation for damages if you are sued for injuries that occur on your property. If someone slips and falls on your unshovelled walk or steps and files a lawsuit against you, your home insurance may help cover the costs associated with the claim, including any settlements or court costs.
Policy Limits:
While personal liability coverage is typically included in home insurance policies, there are limits to the amount that will be paid out under this coverage. Be sure to review your policy to understand the liability limits and whether they are sufficient to cover potential claims. You may want to consider increasing your coverage if you feel the standard limit is not enough for your needs.
What may not be covered
Negligence
If your insurance company determines that the injury occurred due to gross negligence (for example, if you repeatedly ignored warnings to shovel your walk or failed to take reasonable precautions to prevent an accident), your insurer may refuse to cover the claim.
Excluded risks
Some policies have exclusions that could affect coverage, such as specific incidents involving contractors, damage caused by intentional acts, or other situations. Make sure to read your policy’s fine print to ensure your coverage is comprehensive.
How can you reduce liability risks?
To reduce the risk of accidents and potential liability claims, it’s essential to take proactive steps in maintaining your walkways and steps during the winter months:
Shovel and salt regularly: After each snowfall, clear your walkways and steps promptly to prevent snow accumulation. Apply salt or another de-icing agent to melt ice and provide better traction.
Keep walkways dry: Ensure that any wet areas on your walkways and steps are dried quickly to prevent refreezing. Wet, slushy conditions can lead to dangerous ice patches.
Mark hazards clearly: If there are any persistent hazards on your property (such as uneven surfaces or steps), make sure they are clearly marked with reflective tape or warning signs to alert people to the danger.
Consider hiring someone: If you are unable to shovel your walk or steps yourself due to injury or other circumstances, consider hiring a snow removal service to help. In some cases, municipalities also offer services to help vulnerable individuals with snow clearing.
Document your efforts: Keep a record of when you shovel and treat your walkways, as this may be useful in defending yourself if a claim is made against you for an accident.
Shovelling your walkways and steps isn’t just about complying with local laws—it’s about creating a safe environment for everyone who comes to your home. If someone is injured on your property due to snow or ice, you could be held liable for their injuries.
Fortunately, personal liability coverage in your home insurance policy can help protect you from the financial consequences of such an incident.
