Snow and ice are a part of winter, but failing to clear them can have serious legal consequences. Homeowners, landlords, and business owners may be held responsible if someone slips and falls on their property.

If negligence leads to an injury, a Baton Rouge personal injury attorney can help victims understand their rights and determine if they have a valid claim.

Understanding Snow Removal Laws and Responsibilities

Laws on snow and ice removal vary by state and city. In many areas, property owners must clear walkways within 24 hours of snowfall.

Failure to clear snow can lead to fines, lawsuits, or insurance issues. Some policies may not cover accidents caused by poor maintenance.

Property owners should check their local snow removal laws to ensure compliance. Homeowners can review home winter safety tips to help minimize risks this winter

Can You Be Sued for Not Clearing Snow?

Yes. Under premises liability laws, property owners must keep their property safe. If someone slips and falls on uncleared snow or ice, the owner may be responsible for:

  • Medical bills, such as hospital stays and rehab costs
  • Lost wages if the injury prevents them from working
  • Pain and suffering caused by the accident

However, comparative negligence laws may apply. If the injured person was careless—such as wearing the wrong shoes or ignoring clear hazards—their compensation may be reduced.

What to Do If You Fall on Someone Else’s Property

If you slip and fall on an uncleared sidewalk, driveway, or parking lot, it’s important to take the right steps to protect your health and any potential legal claim.

  1. Seek Medical Attention – Some injuries, like concussions, may not be obvious right away. Seek medical attention to document injuries and receive treatment.
  2. Document the Scene – If possible, take photos of the icy or snowy conditions that caused your fall. Capture images of the surrounding area, any warning signs (or lack thereof), and any visible injuries.
  3. Collect Witness Information – If anyone saw the fall, get their name and contact information. Witness statements can help support your claim if legal action is necessary.
  4. Report the Incident – Notify the property owner, landlord, or business manager about the fall. If it occurs at a commercial property, request that the business file an incident report and ask for a copy.
  5. Avoid Giving Statements to Insurance Companies—Property owners or their insurance providers may try to downplay the accident. Do not make statements or sign anything before speaking with an attorney.
  6. Consult a Personal Injury Attorney – If negligence caused your fall, an experienced personal injury attorney can help you explore your legal options.

While accidents can happen, taking precautions can reduce the risk of slipping on snow and ice. Wearing slip-resistant footwear, walking cautiously on icy surfaces, and using handrails when available can help prevent falls. Property owners should also be diligent in removing snow and ice to minimize hazards for visitors.

Are Landlords or Tenants Responsible for Snow Removal?

Responsibility depends on local laws and lease agreements:

  • Landlords are usually responsible for common areas, such as apartment building entrances and parking lots.
  • Tenants may be responsible for clearing private walkways or driveways if specified in their lease.

If a landlord fails to uphold their duty, they may be held liable for any injuries that occur on the property.

Are Businesses Required to Remove Snow and Ice?

Yes, business owners must ensure their premises remain safe for customers, employees, and visitors. This includes clearing entryways, sidewalks, and parking lots to prevent hazardous conditions. Using salt or sand can help reduce ice buildup, making walkways safer for foot traffic. In areas where slippery conditions persist, posting warning signs is essential to alert visitors of potential dangers.

Commercial property owners are often held to higher safety standards than homeowners, making prompt snow removal even more critical to avoid liability.

Preventing Liability: How to Keep Your Property Safe

Simple steps can help prevent accidents and lawsuits:

1. Remove Snow Promptly

  • Remove snow from sidewalks and driveways as soon as possible.
  • Shovel regularly to prevent ice buildup.

2. Use De-Icing Solutions

  • Apply salt, sand, or eco-friendly de-icers to improve traction.
  • Avoid rock salt if you want a less harsh option for landscaping.

3. Maintain Proper Drainage

  • Make sure gutters and downspouts direct melted snow away from walkways.
  • Keep gutters clear to prevent ice dams on roofs.

4. Document Your Snow Removal Efforts

  • Take photos after clearing the snow.
  • Keep a log of when and how you remove snow in case of a lawsuit.

Being proactive can help prevent accidents and serve as evidence in case of a lawsuit.

Final Thoughts

Neglecting snow removal isn’t just an inconvenience—it can lead to serious legal and financial consequences. Property owners, landlords, and businesses must take winter safety seriously to protect visitors and themselves.

If you’ve been injured in a slip-and-fall accident caused by someone else’s negligence, a personal injury lawyer can help you explore your legal options.