Thursday, February 8, 2007

Snow and Sidewalks - Statement & Rebuttal

SAH Cynthia Schaefer wrote:> My understanding of the situation, since hardly any of the businesses downtown, or the City, ever shovel the sidewalk for the pedestrians, is that as far as civil negligence goes in Ohio, the precedent is that (1) everyone in Ohio knows that it snows and freezes in the winter; (2) it is up to the individual as to whether they choose to take the risk of walking outside in winter weather; (3) should an individual slip and fall on a sidewalk or entrance because of NORMAL snow or ice accumulation, there is no negligence on the part of the property owner; (4) the only time there is negligence on the part of the property owner is when there is an UNNATURAL accumulation of snow or ice, due to something the property owner has done or has not done. EXAMPLE: Your property has defective gutters which drip water onto the entrance of your house or establishment, and this water freezes into ice and causes a hazard. You would be liable for any injuries sustained as a result of this.

Otherwise, unless you go out of your way to CREATE a hazard, or you do not do what a reasonable prudent person would do to REDUCE or PREVENT a hazard, you are not at legal risk.
Cindy Schaefer


Cindy, I don't know how you say "most" don't clear their walks Downtown, I'd say it's quite the opposite, they almost ALL clear them right away. You may have trouble crossing the street due to the piles from plows, but the walks are clear and salted almost without exception. In fact the walks are often better than the streets. Anyone else Downtown care to support this?-Denny

5 comments:

Anonymous said...

Yes it's true, most of the sidewalks downtown were clear yesterday.
My toes were still cold either way. :o)
Stay warm, everybody!
- Keith

Anonymous said...

I'd have to agree. I work at Third and Main and all the sidewalks in
this area were cleared and salted immediately.
Sharon B

Anonymous said...

I agree with Denny, the sidewalks are always cleared in our community. It is the plows that screw up the path into the streets. Cate Renner, Henry Street

BobbieP said...

Here is the Dayton City Ordinance & penalty/s as of October 2006 re snow removal:

Sec. 95.17. Removal of snow and ice.
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk, to keep the sidewalk abutting his premises free and clear of snow and ice, and to remove therefrom all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.
(Ord. 9712, passed 9-30-14)
Cross references: Penalty, see § 95.999.

Sec. 99.99. Penalty.
A violation of any provision of this chapter shall constitute a misdemeanor of the third degree, punishable as provided in § 130.99, and each day such violation is continued shall constitute a separate offense.
(Ord. 27557, passed 6-10-87)

Sec. 130.99. Penalty.
(A) Whoever is convicted of or pleads guilty to a misdemeanor other than a minor misdemeanor shall be imprisoned for a definite term of fine, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
(B) Terms of imprisonment for misdemeanors shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than six months;
(2) For a misdemeanor of the second degree, not more than 90 days;
(3) For a misdemeanor of the third degree, not more than 60 days;
(4) For a misdemeanor of the fourth degree, not more than 30 days.
(C) Fines for misdemeanors shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than $1000.00;
(2) For a misdemeanor of the second degree, not more than $750.00;
(3) For a misdemeanor of the third degree, not more than $500.00;
(4) For a misdemeanor of the fourth degree, not more than $250.00.
(D) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than $150.00.
(E) Regardless of the penalties provided in divisions (A) through (D) of this section, an organization convicted of an offense pursuant to § 130.09 shall be fined, which fine shall be fixed by the court as follows:
(1) For a misdemeanor of the first degree, not more than $5,000.00;
(2) For a misdemeanor of the second degree, not more than $4,000.00;
(3) For a misdemeanor of the third degree, not more than $3,000.00;
(4) For a misdemeanor of the fourth degree, not more than $2,000.00;
(5) For a minor misdemeanor, not more than $1,000.00;
(6) For a misdemeanor not specifically classified, not more than $2,000.00;
(7) For a minor misdemeanor not specifically classified, not more than $1,000.
(F) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this section.
(Ord. 24636, passed 1-16-74; Am. Ord. 30320-03, passed 12-31-03)

RosemaryG said...

Is the point made in my original email regarding homeowner liability re snow and ice being missed or avoided?
Let me restate it: Your insurance company won't care whether the police enforce the law, or whether downtown businesses comply. The insurance company will ONLY need to know that the law exists and that the policyholder broke it: That is all it would take for them to refuse to pay a claim against a property they insure.