Practice point: An owner of property abutting a public sidewalk is not liable for pedestrian injuries arising out of the failure to remove snow and ice which naturally accumulates on the sidewalk, unless a statute or ordinance specifically imposes tort liability for not doing so.
Practitioners should note that, even absent such a statute or ordinance, there might be liability if the owner, or someone acting on the owner’s behalf, undertakes snow and ice removal efforts which make the naturally-occurring conditions more hazardous. The failure to remove all the snow and ice from the sidewalk does not constitute negligence.
Case: Cruz v. County of Nassau, NY Slip Op 08699 (2d Dept. 2008)
The opinion is here.
