Shoveling SnowThe morning after a light snow, a St. Paul, Minnesota man looked out his front window and noticed the walkway in front of his home and his neighbor’s was covered in white.

Without a moment’s hesitation, the resident put on his coat and shoveled not only his own walk , but his neighbor’s. That fact that the man was over 100 years old didn’t seem to make much difference. As he said, “Well, he’s out of town, and…I can use the exercise … and I know my limitations.”

But his neighborly actions bring up a point for any homeowner, especially elderly residents who do not have his stamina or strength. What are the legal obligations to maintaining the walkway in front of your property

While it might seem that the law would be clear, there are really a number of nuances, as well as state and local ordinances to be considered as well as the requirements of your homeowners insurance.

In most cases homeowners are responsible for maintaining access to their home and could be responsible if a visitor slipped and fell. But this can vary from state to state and municipality to municipality. Some states, such as Colorado, actually require sidewalks be cleared within a specific time frame.

But in other states the full sidewalk in front of most homes is not considered the property of the homeowner and it’s up to the municipality to clear the walk. Yet another consideration is the stipulation that, if you do shovel, but leave a thin layer of ice, you might be liable for any resulting accident.

In short, before you decide to do any good deeds, like our St. Paul Good  Samaritan, check the state and local ordinances to avoid running afoul of the law or your insurance policy.

At O’Connell Law, LLC, we can help you achieve your goals for the future, providing proper protection for you and your loved ones.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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