Snow and ice removal: who is liable?

What is a municipality’s legal responsibility for responding to snow and ice storms? The city has the duty of “reasonable person” as an individual does. Cities are legally responsible for the physical condition of a public sidewalk.

Negligence is the failure to exercise reasonable care. There are two principle factors of negligence:

• Know or should have known about the situation
• Reasonable opportunity to correct

To prove that the municipality was negligent, the injured party must show that:

• The city had actual or constructive notice of the dangerous condition
• The dangerous condition could not be discovered, or the danger realized by the injured party; and the city failed to exercise reasonable care to protect against the danger.

We recommend members pass snow removal ordinances that require:

• Anyone who owns or leases property abutting public sidewalks to clear snow within 24 hours after the snowfall ends
• Requiring the resident to clear a 36-inch-wide pathway on sidewalks
• Include noted consequences if residents do not remove snow in a timely manner such as having public works remove the snow at the property owner’s expense.

Contact RMSA or MRSC for assistance with sample ordinance language.