VERIFY: Could you be liable for others injured after you shovel your sidewalk?

ST. LOUIS — Even in the midst of a winter storm, delivery drivers are still working, bringing packages, mail and food to your door. A 5 On Your Side viewer who recently moved to Missouri from Minnesota asked the Verify team to check something his neighbors told him about whether to clear a path through the snow on his property.

"Am I legally responsible for removing snow from the walkways around my house in case someone comes onto my property?" Louis from Wildwood asked.

Louis said his neighbors believe leaving the snow undisturbed on private property protected them from responsibility if someone slipped and fell. They told him that shoveling on private property meant the homeowner could be responsible if lingering snow or resulting ice caused an injury.

THE QUESTION

Can someone be legally responsible for an injury on their property after shoveling, where they would not have been responsible for the same injury if they left the snow alone?

THE SOURCES

Missouri and Illinois state statutes and case law

Scott Holeman from the Insurance Information Institute

and Chris Dixon from The Dixon Injury Firm

THE ANSWER

Where homeowners are not required by local law to remove snow on their own property, Missouri case law says homeowners can be held responsible for injuries resulting from hazards created by careless snow removal. Illinois state law does not have the same standard.

WHAT WE FOUND

In both Missouri and Illinois, state law does not require anyone to remove snow from their private property. Because they are not required to do anything with snow where it fell in a "natural accumulation," the homeowner is protected from liability, Dixon said.

If you choose to remove the snow from your own walkways, steps, or stoop, the law differs between the two states about whether someone can be held responsible for doing it carelessly.

In Missouri, if shoveling or other snow removal methods creates a new hazard or "unnatural accumulation," the property owner could be liable for any injuries that result on their property.

"One of the classic examples of that is the person who would decide to hose down their driveway to get the snow and ice out. Then the water from the hose creates unnatural accumulation of ice, that then presents a potential danger for someone who may trip or hurt themselves on that ice," said Dixon.

A case that went to the Missouri Court of Appeals in the Eastern District in 2021, O'Donnell vs. PNK (River City), LLC et al, held that, based on the Massachusetts Rule, a casino was not liable for an injury in the parking lot before their contracted snow removal company arrived. In a previous case, an exception to the Massachusetts Rule caused a company to be liable for an injury because they had removed snow and ice on other parts of the parking lot but neglected to make a ramp safe for use.

In Illinois, the "unnatural accumulation" caveat doesn't apply, Dixon said. He added that a specific Illinois state law only makes a homeowner liable if they remove snow in a way that is intended to hurt someone. The Snow and Ice Removal Act, 745 ILCS 75/2, states

Any owner, lessor, occupant or other person in charge of any residential property, or any agent of or other person engaged by any such party, who removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was willful or wanton.

Even if you decide not to shovel your own property, local laws in some areas require homeowners to clear public sidewalks near their homes.

Holeman wrote in response to the Verify team, "Be careful where you get your information about insurance and risk mitigation! Many cities require citizens to clear public sidewalks along their property within a reasonable amount of time, following a snow or ice storm. Get familiar with the laws in your jurisdiction. Most city websites have a section on city codes. When you use reasonable care in clearing your walkways, you greatly reduce any risk for legal liability. Clearing snow, ice and fallen branches not only provides for the safety of others, but also for you and your family."

The city of St. Louis has an ordinance that requires homeowners and occupants to clean snow from public sidewalks along their property. According to the mayor of Wildwood, Louis's city does not have a similar law.

So we can Verify: state law does not require homeowners to shovel on their own property in Missouri and Illinois, and in Missouri, doing it carelessly could open you up to a lawsuit.