As winter blankets Ohio in snow and ice, many people have concerns about safety and responsibility on rental properties. For tenants and property owners alike, the question of who is responsible for clearing ice and snow is key.
Understanding premises liability
Premises liability is a legal principle that holds property owners accountable for maintaining a safe environment for individuals on their premises. This responsibility encompasses a wide range of hazards, from slippery surfaces to faulty handrails. The presence of ice and snow in winter poses its own potential risks for accidents and injuries.
The general rule is that landlords are responsible for maintaining safe living conditions for their tenants. This includes addressing hazards such as icy sidewalks, snow-covered walkways and other winter-related dangers. However, the specifics can vary based on local laws, lease agreements and the nature of the property.
Local rules
Many municipalities have specific laws and regulations outlining the responsibilities of property owners regarding snow and ice removal. Some cities require property owners to clear sidewalks within a certain timeframe after a snowfall, while others may place the onus on the municipality itself. Understanding local ordinances is key for both landlords and tenants to determine their respective obligations.
What’s in the lease?
Lease agreements often detail the responsibilities of both landlords and tenants when it comes to property maintenance. While landlords generally have a duty to keep common areas safe, individual lease terms may allocate certain responsibilities to tenants, such as clearing snow from their own entryways or walkways.
Exceptions
In certain situations, landlords may not be held liable for injuries resulting from snow and ice if they can demonstrate that they took reasonable steps to address the issue promptly. For instance, if a landlord promptly salted walkways after a snowfall but an accident still occurred, they might not be deemed negligent.
Tips for tenants
First, familiarize yourself with local laws and regulations regarding snow and ice removal. Compliance is crucial to avoiding legal issues. Landlords and tenants should also maintain open communication about winter maintenance responsibilities. Clear expectations can prevent disputes and ensure a safe living environment.
Unless otherwise stipulated in the lease, landlords should promptly address snow and ice hazards to minimize the risk of accidents. Regular inspections and timely removal efforts can demonstrate due diligence.
Finally, keep records of your snow and ice removal efforts, such as dates of clearing, use of salt or sand and any communication with landlords or other tenants regarding their responsibilities.
Talk to an Ohio slip-and-fall lawyer today
The Law Offices of Tim Misny can review your slip-and-fall claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.
