In Illinois, while state law doesn't require shoveling walks, the 'natural accumulation rule' means you're not liable for natural snow/ice slips, but be wary of artificial hazards.
January 24, 2024
In Illinois, while state law doesn't require shoveling walks, the 'natural accumulation rule' means you're not liable for natural snow/ice slips, but be wary of artificial hazards.
With roads, businesses, and organizations closing across Central Illinois, it is always wise to understand the legal world of what is expected of citizens when it comes to snow and ice. The temptation to stay in bed rather than get out there to shovel looms large, but have you ever asked yourself “would I be liable if someone slipped when I did not shovel my walk?”
The short answer is: It depends.
The long answer shows that even simple legal questions can get complicated quickly.
It is not required that anyone shovel their walk on the State level. (There may be local ordinances which differ. Make sure to check your local regulations.) But the State Troopers will not be showing up with shovel requirements to anyone’s homes any time soon.
The Illinois Code states that residents are “encouraged” to clean the sidewalks of snow and ice. However, the Code offers immunity against injury claims which might arise from those efforts to remove snow and ice – an added incentive. If you do a decent job shoveling, it is unlikely someone could successfully sue you with a claim that “they did it wrong.” The exception is if you do something called “willful or wanton” misconduct – which is legal terminology for something that is shockingly careless or cruel.
Even if there are reasons to shovel the walk, it is not required, and normally one cannot be held liable for someone slipping on snow or ice. In Illinois, the “natural accumulation rule” provides that "a landowner or possessor of real property has no duty to remove natural accumulations of ice, snow, or water from its property." What this really means, however, is that if the danger was caused by a natural condition, i.e. it is simply slippery because it rained or snowed, then the property owner cannot and should not be held accountable for damages from one slipping.
It is important to be careful because there are notable exceptions. If something about the premises creates an artificial danger, let’s say, a design which causes water to pool and freeze directly in front of an entrance, it might not matter that the natural rain caused the slippery conditions. It was the design or poor craftsmanship that caused the danger. The landowner (or whoever is responsible for snow removal) could be on the hook.
It is not required that anyone shovel their walk according to State law. But if your sidewalk or other walkway has something about it which causes it to be unnaturally slick, accrue too much water, or otherwise be a danger to those who rightfully walk on it, you could be required to pay for injuries caused by those dangers.
There can be, and often is, a difference between what is “legal” and what is the neighborly thing to do. While you might not have to shovel your walk (though you run the risks of unnatural dangers), it is probably the right thing to do to support your community. So, while it is tempting to stay indoors, it’s probably best to bundle up and look out for your community’s wellbeing by shoveling your walk.
Snow removal laws in the United States vary significantly from state to state and often depend on local ordinances within each state. Here is a summary of the regulations for each state based on the information gathered:
Alaska: There's no specific state law, but there are regulations regarding the maintenance of driveways and roads within highway right-of-ways.
Colorado: Obstructing a public highway is considered a criminal offense.
Delaware: The state assumes responsibility for clearing sidewalks along public roadways, although some towns and counties have additional requirements.
District of Columbia: Property owners must clear snow or sleet from sidewalks adjacent to their property within the first 8 hours of daylight after the snow stops.
Idaho: Building owners must keep their sidewalks clear of snow every day.
Illinois: Property owners are encouraged to remove snow from sidewalks and public walkways, with certain protections from liability.
Iowa: The abutting property owner is responsible for snow removal from sidewalks within a reasonable amount of time.
Maine: It's prohibited to place snow or slush on a public way.
Massachusetts: Property owners and landlords are responsible for managing all snow and ice on their property.
Maryland: The timeline for snow removal from public sidewalks varies by city, ranging from 12-72 hours.
Michigan: City ordinances ensure snow and ice are removed from sidewalks.
Minnesota: Snow and ice must be removed within 24 hours from public sidewalks.
Mississippi: No state regulation, but some cities offer snow removal reimbursement programs.
Missouri: Property owners are required to clear sidewalks on public streets alongside their property within a reasonable time after snow or ice storms.
Montana: Residents should clear public walkways, driveways, and sidewalks of snow and ice within 24 hours.
Nebraska: Property owners and occupants must remove snow and ice from public sidewalks and walkways adjoining their property within 24 hours.
Nevada: Property owners are responsible for keeping their properties and adjoining public sidewalks free of snow, ice, and other dangerous conditions.
New Hampshire: Sidewalks on public roads are maintained and cleared of snow and ice by the municipality.
New Jersey: Single-family homeowners have no duty to clear snow or ice from their property unless they exacerbate the natural condition. Owners of multifamily properties must clear snow and ice from public walkways and sidewalks on and in front of their property.
New Mexico: Property owners are responsible for shoveling their sidewalks after each snowstorm.
New York: Property owners are responsible for removing snow and ice from paved walkways and sidewalks outside their property.
North Carolina: Property owners are required to clear the sidewalks abutting their property of ice before 10 AM each day when the temperature exceeds 40 degrees Fahrenheit.
North Dakota: In some cities like Bismarck, residents are required to clear all snow and ice from their sidewalks and crosswalks.
Ohio: There is no official state law requiring homeowners to remove snow, but local ordinances may require it.
Oklahoma: Property owners and residents must remove snow from public sidewalks on their property within 24 hours after snowfall.
Oregon: The home or property owner is responsible if someone slips or falls and is injured on an icy or snowy sidewalk.
Pennsylvania: Property owners and occupants have a legal duty to shovel sidewalks within a specified time after a storm has ended.
Rhode Island: Property owners must remove all snow from a path not less than three feet in width on the street, highway, or public place.
For other states, there might be no specific snow-removal law or the requirements are more locally driven. For detailed information on specific regulations and local ordinances, it would be best to consult the relevant local government or legal resources
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