Do I Have to Shovel My Sidewalk?

A common question homeowners face during winter is whether they are required to shovel their walkways and steps to ensure safety.

If someone gets injured on a walkway that hasn’t been cleared, what are the potential legal and financial consequences? Does home insurance cover liability in such cases? Let’s explore these questions further.

Am I required to shovel my walkways and steps?

In most parts of Canada, homeowners have a legal responsibility to keep pathways on their property safe, including clearing snow and ice from walkways and steps. This helps to prevent slip-and-fall accidents.

While specific requirements vary by municipality, many local bylaws require homeowners to clear snow and ice within a set timeframe after a snowfall, typically within 24 hours. Failure to do so may result in fines or even additional charges if the city hires a contractor to clear your property for you.

Why these laws exist

Unshovelled walkways can become hazardous, especially when snow melts and refreezes overnight, creating icy conditions. These bylaws are in place to protect public safety and reduce accidents.

Best practice

Even if your area doesn’t have specific regulations, it’s a good idea to clear snow and ice regularly. Keeping your walkways and steps clear protects visitors, delivery personnel, and anyone who may access your property from potential injuries.

What happens if someone gets injured on my property?

Slip-and-fall accidents are common in winter. If someone is injured on your unshovelled walkways or steps, you may be held legally responsible. This could result in a lawsuit for medical expenses, lost wages, pain and suffering, or other damages related to the injury.

Your responsibility as a homeowner

As a property owner, you’re responsible for maintaining a safe environment for visitors. This includes removing snow and ice from walkways and steps. If you fail to do so and someone is injured, you could be found negligent under premises liability laws.

Shared responsibility

In cases where the injured person is partly at fault (e.g., not paying attention or wearing inappropriate footwear), their compensation may be reduced based on their level of responsibility. This is known as contributory negligence.

Will home insurance cover liability?

Most standard homeowners’ insurance policies in Canada include personal liability coverage, which can help protect you financially if someone is injured on your property. This type of coverage typically includes legal fees, medical costs, and compensation for damages if you’re sued.

Personal liability coverage

Liability coverage in your home insurance policy helps cover costs associated with slip-and-fall claims, including settlements and court fees. However, it’s essential to review your policy to understand your coverage limits.

Policy limits: Home insurance policies have limits on liability coverage. If you’re concerned about whether your coverage is sufficient, you may want to increase the limits for added peace of mind.

What might not be covered?

Gross negligence

If your insurer determines the injury resulted from gross negligence, such as ignoring multiple warnings to clear your walkways, they may deny the claim.

Excluded risks

Some policies include exclusions that could affect coverage, such as incidents involving contractors or damages caused intentionally. It’s crucial to read your policy details carefully to understand your coverage.

How can you reduce liability risks?

To minimize the risk of accidents and potential claims, follow these steps:

• Shovel and salt regularly: Clear snow and apply a de-icing agent to walkways and steps promptly after snowfall.
• Keep walkways dry: Address wet areas quickly to prevent refreezing and the formation of ice patches.
• Mark hazards: Use reflective tape or warning signs to highlight any uneven surfaces or other potential dangers.
• Hire help: If you’re unable to clear snow yourself, consider hiring a snow removal service.
• Document efforts: Keep a record of snow-clearing activities, as this can be helpful if a claim is filed against you.

Remember: Clearing snow and ice isn’t just about complying with local regulations—it’s about creating a safe environment for everyone visiting your property. If someone is injured due to unsafe conditions, you could be held responsible.

Fortunately, personal liability coverage in your home insurance policy can provide protection against the financial consequences of such incidents.