Clearing snow can be a difficult task, especially in some states where the cold is more intense and the snow season lasts for months. Snow, if not removed properly, can cause environmental problems, and Americans could face a $100 fine if they don’t follow specific snow removal regulations. Some states, therefore, have municipal ordinances (laws) that require homeowners and businesses to remove snow and ice from their sidewalks and properties within a certain timeframe after snowfall to ensure public safety and prevent falls, and they fine those who fail to do so.
Ordinances often advise citizens that cases against cities, towns, or states frequently have strict legal requirements before a claim can be filed
The fact is that with the arrival of winter and the onset of snow, Americans must ensure they follow precise snow removal instructions. This responsibility extends not only to individuals but also to states, as they have jurisdictions they must strictly adhere to. Ordinances often advise citizens that cases against cities, towns, or states frequently have strict legal requirements before a claim can be filed, and you should consult an attorney as soon as possible if you have been injured due to snow and ice in an area controlled by a city, town, or state.
The rules are specific, but clear. For example, in Massachusetts, residents have limited hours for snow removal. Each municipality in the state has assigned times for removing snow from its property; the problem can arise if these times are not respected, as property owners could receive a $100 fine. In Connecticut, the ordinance is also clear. The Connecticut Supreme Court, in Kraus v. Newton, 211 Conn. 191, 197-98, 558 A.2d 240 (1989), stated that “we consider that, in the absence of unusual circumstances, a property owner, in fulfilling the duty owed to guests on his property to exercise reasonable diligence in removing dangerous accumulations of snow and ice, may wait until the end of a storm and a reasonable time thereafter before removing ice and snow from exterior walkways and steps. Requiring a property owner or other guest to keep walkways and steps free of dangerous accumulations of ice, slush, or snow, or to spread sand or ash on them for the duration of the storm, is inopportune and impractical.”
It’s also important to note that Massachusetts law changed in 2010 regarding natural and non-natural accumulations of ice and snow in premises liability cases
Speaking of the importance of keeping citizens informed, in the event of an injury resulting from the state’s failure to properly clear snow, Connecticut has a two-year statute of limitations for filing a lawsuit for injuries sustained due to snow and ice. This means that the injured party must file a claim within two years of the date of the incident, or they will be permanently barred from seeking compensation. This is one year less than the applicable time limit in Massachusetts and Rhode Island, for example.
Regarding hours for residents, in Springfield, Massachusetts, for example, homeowners can only use their snowblowers between 5 a.m. and midnight during a storm. And in Newton, Massachusetts, homeowners are only allowed to use a snowblower from 6 a.m. to 10 p.m. It’s also important to note that Massachusetts law changed in 2010 regarding natural and non-natural accumulations of ice and snow in premises liability cases. Previously, the rule in Massachusetts was that the duty of care owed by landowners to lawful visitors did not include any obligation to remove snow and ice that had naturally accumulated on the property.
In addition, authorities recommend that citizens comply with the regulations, but also be careful with the snow removal equipment they use, as there have already been cases of accidents caused by the overuse of snowblowers. Ultimately, if you have any doubts, the most important thing is to consult the official state website to avoid misunderstandings and ending up paying fines. Remember that ignorance of the law is no excuse.