When it snows in Massachusetts, it can really snow…Homeowners in Massachusetts face the annual challenge of snow and ice removal from sidewalks and walkways. Beyond being a seasonal chore that often requires early mornings in the bitter cold, snow removal is tied to legal responsibilities and potential insurance implications. Understanding the relationship between snow removal duties, liability, and homeowners insurance can help you avoid costly mistakes.
Legal Responsibilities for Snow Removal in Massachusetts
In Massachusetts, property owners are legally required to keep sidewalks and walkways adjacent to their property clear of snow and ice. This responsibility stems from Massachusetts General Laws Chapter 84, Section 18, which outlines liability for injuries caused by unsafe conditions on a property.
The law mandates that homeowners take “reasonable steps” to ensure their walkways are safe for public use. “Reasonable steps” typically include shoveling snow, applying sand or salt to icy patches, and addressing any hazardous conditions as promptly as possible. Failure to meet these obligations can result in legal liability if someone slips and falls on your property. This responsibility is a critical piece that homeowners in Massachusetts need to be aware of, particularly as snow and ice can arrive quickly and in abundance.
According to NOAA, the annual snowfall in Massachusetts is approximately 47.3 inches.
Municipal Ordinances and Regulations
Many cities and towns in Massachusetts have additional snow removal ordinances that specify:
- Timeframes for Removal: Some municipalities require snow to be cleared within a certain number of hours after a storm ends.
- Extent of Clearing: Homeowners may need to clear the full width of the sidewalk or ensure a path of a specific width.
- Fines for Non-Compliance: Failure to comply with local snow removal regulations can result in fines, which vary by municipality.
For example, in Boston, property owners must remove snow and ice from sidewalks within six hours of a storm ending during the day or three hours after sunrise if the storm ends overnight. Checking your local regulations ensures compliance and minimizes risks.
How Homeowners Insurance Applies
Homeowners insurance provides coverage for various risks, including liability protection if someone is injured on your property. Here’s how it relates to snow removal:
- Personal Liability Coverage
Suppose someone slips and falls on your snowy or icy walkway. In that case, your homeowners insurance’s liability coverage may cover medical expenses, legal fees, and settlements or judgments, up to your policy limits. However, coverage may depend on whether you, as the homeowner, took reasonable steps to maintain safe conditions. Again, you are responsible for ensuring that the sidewalks and walkways around your home are safe after a snowfall or ice storm.
- Medical Payments Coverage
Homeowners insurance often includes medical payments coverage, which helps pay for minor injuries to guests on your property, regardless of fault. For example, if a neighbor slips on an icy patch despite your efforts to clear it, this coverage can help pay for their medical bills.
- Exclusions and Limitations
Insurance policies may have exclusions or limitations related to negligence. If you fail to make any effort to remove snow and ice, your insurer could deny liability coverage for related claims. Reviewing your policy details ensures you understand what is and isn’t covered.
Tips for Managing Snow Removal Responsibilities
Taking proactive steps to manage snow and ice can reduce risks and ensure compliance with laws and insurance requirements:
- Clear Snow Promptly
- Shovel snow as soon as possible after a storm.
- Use snow blowers or professional services if necessary.
- Address Ice Hazards
- Apply salt, sand, or ice melt to prevent slippery surfaces.
- Reapply treatments as needed during freezing temperatures.
- Inspect Walkways Regularly
- Check for refreezing or new hazards after clearing.
- Address uneven surfaces that may worsen in winter conditions.
- Document Your Efforts
- Take photos of cleared sidewalks and walkways as proof of compliance.
- Keep receipts for salt, sand, or professional snow removal services.
- Consult Professionals
- Hire snow removal services if you are unable to clear snow yourself.
- Discuss your policy with your insurance agent to ensure adequate liability coverage.
What Happens If You Don’t Comply?
Failing to remove snow and ice can lead to several consequences:
- Injury Liability
- You could face lawsuits and financial losses if someone is injured due to your negligence. Even with insurance, a claim might increase your premiums.
- Fines and Penalties
- Municipalities can impose fines for non-compliance with snow removal ordinances. These fines vary but can add up quickly if issues persist.
- Community Relations
- Neglecting snow removal can strain relationships with neighbors who rely on safe walkways.
Special Considerations for Tenants and Landlords
In rental properties, snow removal responsibilities are often outlined in the lease agreement. Landlords typically bear the responsibility for common areas, but tenants may be required to clear walkways directly outside their unit. Ensuring clear communication about these duties helps avoid conflicts and liability issues.
Preparing for Snow in Massachusetts
To stay ahead of snow removal responsibilities:
- Invest in Equipment: Ensure you have a reliable shovel, snow blower, or ice melt supplies before the first snowstorm.
- Plan for Professional Help: Identify local snow removal services in case you need assistance.
- Review Insurance Coverage: Confirm that your homeowners or renters insurance includes adequate liability protection for winter risks.
Conclusion
Snow removal is more than a seasonal task for Massachusetts homeowners—it’s a legal obligation tied to safety and liability. By understanding your responsibilities and leveraging homeowners insurance, you can protect yourself from legal and financial risks while maintaining safe walkways for your community. Taking a proactive approach to snow and ice management ensures peace of mind throughout the winter.
Providing Peace of Mind Through Proactive Service
Deland, Gibson: a Trusted Choice, Five Star Accredited independent insurance agency. Established in Massachusetts in 1900, Deland, Gibson is a 4th generation family-run insurance agency that has thrived working as a trusted advisor for its client base. We work with individuals and businesses to lower their Total Cost of Risk. We analyze a client’s direct and indirect costs and implement risk reduction plans to address areas of business, hazard, or strategic risk.
