A twist on snow removal

People that don't shovel their walks are not nice people. I think it is unreasonable that if I shovel and make a good attempt to clean the snow for me to be liable. Quite frankly one should be careful when walking on a sidewalk, the purpose of shoveling it so make passage easier not fool proof. And if you clear snow it is easier to see ice that may not be able to be removed so you can use caution when walking.

Yeah, its a ridiculous rule, though it does have some logic behind it believe or not. But even so, people should be encouraged to try to make things better.

Yup, Mass has some pretty stupid rules about negligence. Go look up "last clear chance" sometime. Good to know the Lege is doing something other than arranging sweet deals for lobbyists.

Which is more dangerous: walking on sidewalks which may be a little icy or walking in the street?
We live near a school and I'm ashamed at my neighbors that do not shovel their sidewalks. This means elementary children are forced to walk in the streets, which are treacherous with the weather we have had this winter. Take responsibility for clearing your sidewalks!

That explains a lot. I've noticed that when I jog around Cambridge/Belmont/Arlington, the worst offenders are the huge multi-million dollar mansions in Belmont. I always figured they were just rich ____, but I guess if you've got millions of dollars, you're probably a little more worried about getting sued than the average Joe.

I don't think Rep. Provost's interpretation is technically correct. Yes, individuals can be held liable if someone slips and falls on an unnatural accumulation of snow or ice on the property of said individual. However, if the ice was already there under the snow and it was merely exposed due to shoveling, that is a natural accumulation of ice, and an individual is not liable if someone slips and falls on that ice. It's only when the snow or ice is no longer in its natural state that you need to get concerned about liability. With or without the new law, people with broken wrists/ankles/elbows, etc. will have to do the same thing as always to get their medical bills paid - get a good lawyer and sue.

I still fail to see why a private citizen should be compelled to maintain a public sidewalk. Are homeowners expected to plow the streets, fill potholes, or replace traffic lights?

When I shovelled my sidewalk, my neighbors parked their truck on the sidewalk, which meant I had to climb over it to get from my porch to the street. So I stopped shoveling. When being a good neighbor makes life that much harder, it's just not worth it.

I agree with just sayin'. I think that you are only liable if you shovel in a manner that causes the snow or ice to become a hazard. If you shovel in a reasonable manner you should be just fine. I doubt that people don't shovel for this reason; it is more likely that they are just lazy.

OMG, LIZ LET IT GOOOOOOOOO.

You are required to shovel in front of your house. What's so difficult to understand?

Also, shovel out your mailbox and while you're at it, shovel the path to the closest fire hydrant.

Actually, on second thought, don't bother ...

I have to say I like living in a town that is responsible for clearing the sidewalks. They have these little mini tractor plows that go around on the sidewalks, I'm not sure if they do all the streets, but they do the main ones. Makes it a lot easier to get around in the winter. I wonder how much it costs the town, but no matter what I think it's worth it.

Just guessing, but maybe the reason there have been more complaints this year because we've had more snow storms, and the consistently cold temps haven't allowed it to melt off...

I think the article was simply wrong. Either way you might be liable. Generally one might be liable if one negligently caused someone to slip and fall. Negligence is exercising less than a reasonable degree of care. This might occur if you shoveled but left some ice patches, but a court would have to actually find that it was negligent. My own experience is that it's fairly common for melt water to cover a well-shoveled walk and freeze. Similarly, failure to comply with the Boston snow ordinance (which requires that a small owner clear "accumulations" of snow and ice within six hours) could be considered as evidence of negligence, but again, a court would have to consider whether it was unreasonable and whether it caused the fall. So to say you could be liable really means someone might allege, and possibly prove liability. Counterarguments would be that the person could see the ice (when the walk is shoveled) and was simply negligent to not walk carefully, or that melt water isn't an accumulation, it's just one of those hazards of freezing thaws and the snow ordinance doesn't require you to clear it (although in fact most businesses do salt that type of hazard).

Watch how our elected leaders (aka The Profiles in Courage) add another pay raise to this law change.

I'm evil because I don't shovel my sidewalk? So it doesn't matter that for three of the four storms, I haven't been home to shovel - I've been travelling for work. Nor does it matter that I hired a service to do the shovelling which then became overwhelmed by the need and demand. Nor does it matter that on my one way street, the city then plowed my sidewalks under. No - it's all MY fault.

Simply put, it is stupid to legislate this at all. Why? Because even when people do shovel their walks, most people walk in the streets anyways. I'm still trying to figure out how slipping and falling on a sidewalk is a less dangerous proposition than being run over by a car sliding on ice. People are just dumb that way...

When I shovelled my sidewalk, my neighbors parked their truck on the sidewalk, which meant I had to climb over it to get from my porch to the street. So I stopped shoveling. When being a good neighbor makes life that much harder, it's just not worth it.

I decided not to have children precisely so I didn't have to listen to logic like this.

Please, tell us where you live, so after this law passes, we can all take a stroll past your house in our spikiest heels and smoothest leather soles. People who are incapable of acting responsibly on their own can hardly complain when government forces them to.

While citizens not doing their part to clean their walks certainly bothers me, the gross lack of proofreading over at the Globe these days is downright frightening.

"Is this rationale is contributing to the unshoveled sidewalks, especially in business areas?"

"If this law passes, I propose the fine for shovelled walks goes up to $100."

In the first comment, the second "is" is unnecessary and would make someone reading the question out loud sound like the "I can has cheezburger" cat. And I presume the writer meant UNshoveled walks in the second comment . . . Nobody's being fined for shoveling. Now, I know they are making yet another round of buyout offers at the paper and those that remain are probably just going through the motions, but, come on--this fluff piece was a couple hundred words at most. Oh, and if there are any outstanding grammatical or spelling errors in this post--that's okay, I'm not being PAID for this.

Nobody should be held liable if someone falls on the ground in front of their house or business. If you can't walk on snow or ice then you should not be outside at all during storms. It is also wrong to demand that someone shovel the sidewalk within a mere 6 hours of a storm. Suppose the 6 hours are all at night when people are normally in bed? Suppose the homeowner is old, feeble, sick or injured and simply cannot do the work in a timely manner? Suppose someone is out of town, at work or stuck someplace and cannot get home for whatever reason? These are just 2 more reasons to screw the citizens of this state.

I suffered a nasty tailbone fracture two years ago, sustained when I fell on a very poorly shoveled sidewalk in Somerville. And yes, I was wearing proper winter boots at the time. When I consulted a lawyer, I was told that no, it was not gross negligence and I had no case.

I would support this bill IF AND ONLY IF the fine for not shoveling was dramatically increased, and actually enforced. Put some bite into it - find out the average cost of hiring a service and make the fine double or triple that amount.

The Boston snow shoveling law requiring people to shovel sidewalks that they do not own, have no control over, and do not use, discriminates against the elderly and disabled. Other cities that have snow shoveling laws exempt elderly and disabled but not Boston. Those who can not afford to hire anyone to shovel will try to do it themselves. It is harmful to the health of anyone over 50 years to shovel snow. The Boston web site urges residents to stay warm and tells its residents to “avoid shoveling if you are elderly or have a heart condition,” yet says it will give the resident snow tickets if they do not shovel. Which is it avoid shoveling or you must shovel.

The Boston snow shoveling law is not only harmful to the health and safety of elderly and disabled persons by requiring them to do something which could cause a heart attack, pneumonia, or death but it constitutes age discrimination.
By requiring that only homeowners (who tend to be disproportionately older having saved for their homes to) shovel snow off sidewalks the homeowner does not own, does not control, and does not use, but not requiring tenants and students to shovel snow, the law discriminates against the elderly . Tenants and students use the sidewalks as much if not more than the elderly so if snow shoveling is required why shouldn’t they also be required to shovel snow, perhaps as a condition for receiving a diploma or degree. Students and many tenants are younger and stronger and can shovel snow without the difficulty and harm to health that faces those over 50.

It is also unreasonable to expect homeowners who are not landlords and are not home to shovel snow.

The snow shoveling laws are also unconstitutional as violating prohibitions against involuntary servitude.

Until such time as the city comes up with a solution to exempt those over 50 and the disabled from snow shoveling laws such laws should not be allowed.

While many posters have said they shovel for their elderly parents and neighbors what if the elder does not have children local or children at all or has bad neighbors, what is the solution to protect them from the harmful effects on their health and safety of shoveling snow.

come live in jamaica we dont shovel snow here.

Can't people find something better to complain about the whether someone shovels their section of sidewalk or not. I do it but I don't get all bent out of shape when other don't. FIND SOMETHING BETTER TO WORRY ABOUT.

The article is oversimplified and incorrect on several points. Massachusetts law acknowledges that snowfall is a normal part of the weather pattern here during the winter and that it is simply not practical or realistic to expect walkways to be completely free of snow and ice. In order to prevail on a claim, a person must show that he fell on an "unnatural accumulation." That can include ice formed from water that is channeled to an area where it would not otherwise be (i.e., a leaking gutter that deposits water on a walkway), or, more commonly, uneven ice and packed snow from vehicular or pedestrian traffic. The cases specifically state that the removal of snow, thereby exposing ice beneath, is not an unnatural accumulation (unless that ice is already an unnatural accumulation). They also state that if you shovel snow and it melts and refreezes, it is not an unnatural accumulation.

This is an admittedly murky area of tort law, but it is not as backward as Ms. Provost would have you believe.

I thought the bill had hit the governors desk already? Or was that last session and it didn't get signed...

While it's nice that they are not liable, it would be nice if owners would come out and salt/sand the re-freeze on their shoveled sidewalks. Anyone who walked anywhere this morning will recognize that fact...

Right. People over 50 don't use sidewalks. Translation: "I'll say anything to avoid getting off my couch."

OMG, the whining! I'm surprised snow doesn't melt from hot air alone.

Put down the cheetos, people, and shovel your sidewalks like adults.

My 80 year old landlady used to shovel all the walkways around her rental properties. She wouldn't let the tenants help (mostly medlical students) because they "weren't used to this kind of work".

If you can't shovel a sidewalk at 50, you should see a doctor.

I can't believe someone above fell, and then sued someone. Come on people, accidents happen. They aren't another version of the lottery.

Been a long while since I took the bar, but I still think that clarifying the law per the OP would be a good thing.

And that everyone should get off their fat butt and shovel. I used to shovel my whole block, and was thankful for the pleasant exercise during the winter. Its really not that big a deal.

Liz, Liz, Liz.... Give it up already. I punish my neighbor for parking on my sidewalk by not shoveling and making it dangerous for everyone. You know, "he started it" isn't a good excuse once you're over 12.

Snowtoday, get over it. It's New England and it snows and it is part of homeownership/landlording to make your property accessible and safe. If you can't to it hire a service or the neighbor kid (it's tax-deductible for landlords). If you can't afford to get the walk shoveled, maybe you should reconsider property ownership and rent.

Come on people! Can the excuses. Clearing your walks is the best way to keep each other safe and comfortable in the winter. Sure it's pain in the ass (and arms and back and..) but it goes a long way to creating better communities. Just do it.

what happens after u shovel the walk all clean then a plow plows it in? how many times do you repeat this