Will the city make me shovel my snow? What Texas law says
The Texas Department of Transportation (TxDOT) is responsible for keeping highways and roads safe to drive on during winter weather. But who is liable for anything that happens on the snow and ice i front of your home?
A wintry mix of snow and ice coated North Texas the morning of Thursday, Jan. 9 until the afternoon of Friday, Jan. 10. TxDOT worked overnight Wednesday into Thursday to cover roads in a salt-water mixture that helps melt ice and snow. TxDOT advised folks to avoid driving until around midday Friday if possible.
Though you may be able to avoid driving, you can’t always avoid walking out of your house. You also can’t stop others from potentially walking up your driveway.
If the area in front of your house is iced over, this could mean someone slips and gets a potential injury. So, who is responsible for clearing residential pathways, and could you be held liable for accidents that occur in front of your home?
Are you liable if someone slips on your sidewalk or driveway?
Natural accumulations of ice or snow do not make homeowners liable, according to Western National Insurance.
However, if the ice developed “as a result of the diversion of water (e.g., a downspout that sends water onto the sidewalk), then you could be held liable because you created a hazard,” according to the insurance firm.
If a slipping accident occurs during a storm or active snowfall, homeowners and tenants are not liable because they are also allowed a reasonable amount of time to remove ice from the sidewalks. If snow or ice remains untouched for hours and hours after the storm, then liability may become an issue.
For the safety of you and those around you, it’s always a good idea to salt and shovel your sidewalks. If you didn’t buy any snow-melting tools before the storm, there are household items you can whip together to help melt your driveway.
If an accident does occur, be sure to take plenty of pictures of where the accident happened, the state of your sidewalk, any injuries and where the fall took place.
“If the sidewalk is clearly covered in ice and someone decides to walk across it anyways, the injured party is likely responsible for any injury sustained. This is especially true if alternate pathways were available,” WNI says on its website. “Everyone has a duty to avoid open and obvious hazards and property owners are not liable for injuries occurring as a result of people assuming such risks.”
Some counties may enforce ordinances on shoveling snow. However, Texas has no laws regarding snow removal.
D-FW ordinances about snow and ice shoveling
There is little information regarding snow shoveling in Texas. However, the Dallas City Code does have a section regarding snow and ice.
Dallas Code Chapter 43, Section 43-96 reads:
“Every owner, lessee, tenant, occupant or other person having charge of any building or lot abutting upon any public way or public place shall remove the snow and ice from the sidewalk in front of the building or lot.”
The City of Dallas specifies that snow and ice that accumulates by 4 p.m. Monday through Saturday must be removed before 7 p.m. Snow and ice that accumulates on Sundays by 4 p.m. must be removed by Mondays at 10 a.m.
If the sidewalks are iced over, the City of Dallas says to use ashes, sand, sawdust or other similar suitable materials to help clear a pathway.
Tarrant County does not have any laws dedicated to this topic, but it’s not a bad idea to follow the Dallas law, if you can.
If I live in an apartment, who is responsible for shoveling snow?
If you live in an apartment building, it is on the landlord to clear your pathways.
According to the Texas Property Code, a landlord’s responsibility is to ensure that the property is safe and inhabitable.
Jaxon Texas Property Management says snow clearing would fit into keeping a property safe and inhabitable.
“This includes clearing snow and ice off of common areas such as walkways, stairs, and parking areas. Landlords must also make sure that the outdoor lighting is working so that tenants can safely navigate icy surfaces during the night.”
If tenants are expected to shovel snow themselves, it should be clearly stated in the renter agreement contract.