Given the abundance of snow in recent days, your sidewalks may need a backhoe to be cleared. Some of us love going out with a shovel or snow blower, others not so much. But do you have to shovel your sidewalk to avoid any liability for a fall and injury?
Generally speaking, probably not. In Ohio, the “open and obvious” doctrine knocks out any duty and without a duty there is no liability. This doctrine states that the owner "owes no duty to persons entering those premises regarding dangers that are open and obvious." The rationale to the "open an obvious" doctrine is that the hazard serves as a warning unto itself and it can be reasonably expected that the person entering the premises would take precaution to protect themselves.
Private Sidewalk
With this in mind, it should come as no surprise that Ohio courts have routinely held that normal winter weather conditions in Ohio - snow, sleet, ice, and the accompanying perils - are considered obvious dangers and no liability is attributed to the landowner. This has been come to be known as the “winter rule.” As such, it is accepted that a property owner has no duty to remove natural accumulation of ice and snow from private driveways, sidewalks, and steps (i.e. leading up to the house, garage, rear entrance, etc.) However, a property owner is liable for their own negligence in creating or permitting an unnatural accumulation of ice and snow or where they should have known that a natural accumulation of snow and ice on his premises has created a condition substantially more dangerous than what should have expected in light of generally prevailing conditions. Common scenarios which could fall into one of these exceptions include: improper plowing techniques, failing to maintain downspouts and gutters, defects in canopies covering walkways, or other construction defects.
Public Sidewalk
Normally, the owners of property that abut a public sidewalk are not liable for injuries sustained by pedestrians using the sidewalk because the duty to keep streets, including sidewalks, in repair rests upon municipalities and not upon the abutting owners.However, many municipalities have enacted ordinances that impose a specific duty on landowners to keep the sidewalks in good repair, including to remove snow and ice.If you live in a municipality with such an ordinance, you may be civilly liable for injuries for failing to clear your public sidewalk within a reasonable time.Of course, you are liable if you actively create a hazard on the public sidewalk even absent a municipal ordinance.