Ohio Statewide Rule
Ohio Sidewalk Snow Removal Liability Framework
Key Facts
- Common Law
- No removal duty
- Local Authority
- ORC 723.011
- City Duty
- ORC 723.01
- Liability Defense
- Open-and-obvious
Summary
Ohio common law gives abutting property owners no general duty to remove natural snow accumulation, though municipalities may impose statutory sidewalk-clearing duties locally.
The legislative authority of a municipal corporation, in addition to the powers conferred by sections 729.01 to 729.10, inclusive, of the Revised Code, may require, by ordinance, by the imposition of suitable penalties or otherwise, that the owners and occupants of abutting lots and lands shall keep the sidewalks, curbs, and gutters in repair and free from snow or any nuisance.
Full Breakdown
Under longstanding Ohio Supreme Court precedent (Lopatkovich v. Tiffin and Brinkman v. Ross), property owners owe no common-law duty to remove natural accumulations of snow and ice from public sidewalks abutting their property. ORC 723.01 places primary responsibility for keeping public ways open and in repair on municipalities themselves. However, ORC 723.011 allows municipalities to enact ordinances requiring abutting owners to clear snow and to assess costs against the property if they fail. Liability for slip-and-fall is generally barred by the open-and-obvious doctrine when ice is naturally accumulated, unless an unnatural accumulation occurs.
Violations & Penalties
Violating a local snow-clearing ordinance enacted under ORC 723.011 typically results in city assessments billed to the property owner; civil tort liability is limited by open-and-obvious doctrine.
Frequently Asked Questions
Must Ohio homeowners shovel public sidewalks?
Can I be sued if someone slips on my icy sidewalk?
Sources
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