Posted: 12/6/2002 10:52:52 AM EDT
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If I haven't shoveled my walkway, and the postman or UPS guy slips and hurts himself, am I liable and likely to be sued, or is it a risk of their profession? Not that it has happend (yet), but there is a layer of ice covered with snow on my walkway. I've been a good boy so far, and I've shoveled it and salted it today - but I'm wondering whether I really NEED to in the future? |
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If it's private property, you're probably negligent if you do not exercise reasonable and prudent maintenance of the walkway. Whether or not you're liable has ABSOLUTELY no bearing on whether or not you'll be sued. And anymore it has little bearing on whether or not you'll be held responsible for damages. I always try to keep my drive and walkways clear. My postman is a good guy, and I don't want to piss him off. Also, if the UPS guy falls and busts his ass, I sure don't want it to be while he's carrying my goodies! |
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I had a customer once in Long Island (Rich as Rich can get) that actually had (GET THIS) a HEATED DRIVEWAY! He could start the unit that defrosted the driveway via remote through his phone if he were at work or on his way home. You should install one of these in your walkway and you dont have to worry about it. [;)] |
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If it's your walk and not the city, you can be sued. Good news is that your house insurance should cover you. It's definately a damned if you do and damned if you don't. Leave the snow and your negligent. Remove it then you were negligent in not removing enough thus worsening the condition. Recommend you set on your porch or in the picture window cleaning your AR next time he delivers mail. Smile and wave like everytings just fine. |
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Quoted: am I liable and likely to be sued? Although as TomJefferson points out it MIGHT be the city's liability (bet not, this varies from municipality to municipality in NY-where you live -um I don't know- but then are you really going to take legal advice you got off the net seriously [:p]) Your homeowner's coverage should provide protection for you to a certain extent, but wouldn't you feel bad if the UPS got hurt 'cause you were to lazy to shag your ass out in the cold and clean off the walk? Okay okay-You are usually legally responsible for an injury caused by a dangerous condition (i.e. ice) on your property if; 1- had actual notice of condition (neighbor bitched you out earlier that day for not clearing the ice off your walk)--or-- 2-(constructive notice) the condition was --a readily apparent, (i.e. ice on the walk that you could see v. secret underground sinkhole that swallows the UPS guy up, never to be seen again) --b was present for sufficient period of time that you should have been aware of it (i.e. it just snowed v. it snowed earlier that day so you had time to see it and clean off the walkway) Note comparative negligence would probably still apply i.e. how much of the fall was the UPS guy's fault for not watching where he was going and seeing the ice before falling on it Damn that bored even me, I'm going to go clean my guns or something. |
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The way I see it, how can they win a lawsuit when they know damn well that ice is slippery, and if you didn't shovel the walkways, then they should know better than to attempt delivering the mail, unless they feel they can do it. You are not responsible for acts of mother nature. Otherwise I'd be suing the city for not removing ALL ice from the roads, sidewalks, etc. |
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when i was younger we had dificulty keeping the sidewalk on front of our house clean. its right on the road so EVERY TIME A VEHICLE ESP. SNOWPLOW came by it was covered again.. we once recived a letter threatening a lawsuit from the postal authority for this maintenence problem.. so they can sue you even if nothing happens.. side note: we sent them a certified letter from a lawyer [gulp] FRIEND [/gulp] stateing that if any suit was filed against us we would sue the city for causing the problem by constantly plowing snow onto our sidewalk. and we sent copies of this to the mayor, the DOT, and some other concerned parties. (my father had a lot of friends) needless to say we never had a problem again.... but... to the question at hand... the answer is yes, regardless of who actually owns the sidewalk, you as the owner of the property are responsable for the maintenence of the section going through yore yard. so you are liable, in NY anyway. |