Cleaning up After the Storm - How Much Time Do You Have?
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Like many other Staten Island residents, I just came in from digging out after last night's heavy snowfall. After a few hours of shoveling, you are no doubt tired and maybe feel that you should have started earlier. Last night, while watching the Dallas-New Orleans football game, I heard the sounds of shovels and snow-blowers working in the height of the storm. Many people question when they need to actually have the snow cleaned off the sidewalk before you are liable if someone falls on snow and ice. The simple answer is - "after the snow stops." Initially, although the City of New York is responsible for the condition of the sidewalk, you are responsible to remove the accumulated snow. The good news is that the law protects you while it is still snowing and gives you a reasonable time to clean the sidewalk after the snow stops falling.
The City of New York requires that a homeowner clean the sidewalk within 4 hours after it stops snowing or risk being fined. The City will give you a "break" if the snow stops in the middle of the night - between the hours of 9:00 p.m. to 7:00 a.m. - you won't have to shovel snow until the next morning. But, if you shovel, make sure that you do the job right. Sometimes, the best way to protect yourself from liability is to do nothing at all - no shoveling, sanding or salting. Of course, you may continue to receive fines from the City but you may not be liable if someone slips on the snow in front of your house.
So if you are walking outside soon after a winter storm, don't expect the sidewalks to be free and clear of snow and ice. If you encounter a sidewalk covered in ice and snow a few days after a snowstorm, walk around it. Because if you fall, you may have no one to blame but yourself. And if you own a home, avoid the risk of fines and a possible lawsuit by shoveling soon after the snow ends. Use some sand or rock salt - give your neighbors a break and a safe sidewalk for them to walk on. Lets hope that they do the same for you.
