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Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue....

 
Old 02-08-2019, 12:19 PM
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Default Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue....

So as home owners we are responsible to shovel and salt the sidewalks around our houses.........if anyone were to fall and hurt themselves then they can sue the homeowner whom that sidewalk coincides with.

Now what about if the sidewalk is completely cleaned BUT your driveway is full of ice and someone falls and hurts themselves on your driveway?

Keep note - there were no scheduled deliveries that day nor anyone expected to show up. This was a complete stranger who was walking their dog or going for a neighborhood walk and they stepped off the sidewalk and onto your driveway and slipped and hurt themselves and want to consider suing the home owner.
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Old 02-08-2019, 01:16 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Sounds like trespassing to me

Also lol for being able to get sued for not shovelling your ****.
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Old 02-08-2019, 02:31 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

what kind of dog were they walking?
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Old 02-08-2019, 02:37 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

City of Auburn has an easement on all lots here for utilities and sidewalks. So they would be liable. I hope.
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Old 02-08-2019, 02:38 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

This seems like it should be easy to argue in court. Can I fence in the sidewalk as my property aka keep people out of it?

if not sounds like county or cities property and issue. Stupid *** people.
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Old 02-08-2019, 02:42 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

I thought home insurance covers personal injury. If I was actually worth anything, I’d just get an umbrella policy.
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Old 02-08-2019, 02:49 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by 5SpdH22 View Post
I thought home insurance covers personal injury. If I was actually worth anything, Iíd just get an umbrella policy.
Yeah any homeowners insurance should cover that regardless.
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Old 02-08-2019, 04:54 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by CAN97SH View Post
Sounds like trespassing to me

Also lol for being able to get sued for not shovelling your ****.
I remember living in Fairfax,County VA. Didn't shovel your walk way and sidewalk,No postal delivery and if slip/fall etc. You were liable..
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Old 02-08-2019, 05:03 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

So glad I donít have to deal with that BS and snow weather.
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Old 02-09-2019, 06:04 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

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Old 02-09-2019, 06:22 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by rockcity View Post
Yeah any homeowners insurance should cover that regardless.
I just renewed my policy and mine covers it. I'm also not a lazy bastid and shovel my walk on a regular basis.

Originally Posted by sikefcrx89 View Post
I remember living in Fairfax,County VA. Didn't shovel your walk way and sidewalk,No postal delivery and if slip/fall etc. You were liable..
That's lame. The flyer guy stomps through our snow filled yards as we have no city sidewalk.

The city will charge you if they have to come out and maintain your little piece of city land...even though we don't own it. Kind of stupid but I get it also. No one wants to see an unmaintained sidewalk or boulevard.

Last edited by CAN97SH; 02-10-2019 at 06:54 AM.
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Old 02-10-2019, 06:53 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by mixxed View Post
So as home owners we are responsible to shovel and salt the sidewalks around our houses.........if anyone were to fall and hurt themselves then they can sue the homeowner whom that sidewalk coincides with.

Now what about if the sidewalk is completely cleaned BUT your driveway is full of ice and someone falls and hurts themselves on your driveway?

Keep note - there were no scheduled deliveries that day nor anyone expected to show up. This was a complete stranger who was walking their dog or going for a neighborhood walk and they stepped off the sidewalk and onto your driveway and slipped and hurt themselves and want to consider suing the home owner.
Was she on the paved part of your driveway and fully inside the easement? Was it the activities of her uncontrolled dog that caused her to step off the easement?
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Old 02-10-2019, 06:56 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by AZ_CIVIC View Post
So glad I donít have to deal with that BS and snow weather.
But we don't have tarantulas, scorpions and rattlesnakes.

:-)
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Old 02-10-2019, 06:58 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by .Grimace View Post
This seems like it should be easy to argue in court. Can I fence in the sidewalk as my property aka keep people out of it?
No, you cannot.

It depends on the community ordinances, but typically you are *required* to maintain the easement, even though you are paying taxes on it. It's a good idea to know where your easement stops and starts, because it's normally legal for somebody to stop off of the sidewalk and onto your lawn, so long as it is a part of the lawn that is in the easement and so long as it is temporary, they are not doing any damage or doing it for the purpose of mischief or malingering.
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Old 02-10-2019, 07:03 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by CAN97SH View Post
Sounds like trespassing to me

Also lol for being able to get sued for not shovelling your ****.
0_o

Canadian law's a lot stricter than the law in most of the states, isn't it?

When I lived in Toronto, you'd get a ticket for even partially blocking a sidewalk, or for allowing a tree branch to grow below the height of two meters.
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Old 02-10-2019, 02:02 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by George Knighton View Post
0_o

Canadian law's a lot stricter than the law in most of the states, isn't it?

When I lived in Toronto, you'd get a ticket for even partially blocking a sidewalk, or for allowing a tree branch to grow below the height of two meters.
Yea but were not getting sued at least

The city if prompted will come do your lazy work for you and then send you a bill. Not allowed to ibstruct sidewalks as you can get a ticket. I don't know anyone who's ever received one though.
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Old 02-10-2019, 02:11 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by CAN97SH View Post
Yea but were not getting sued at least

The city if prompted will come do your lazy work for you and then send you a bill. Not allowed to ibstruct sidewalks as you can get a ticket. I don't know anyone who's ever received one though.
Come to Rosedale.
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Old 02-10-2019, 02:23 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

The police should give out tickets to every homeowner who doesn't shovel their sidewalk.
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Old 02-10-2019, 03:07 PM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by George Knighton View Post


Come to Rosedale.
Not if I'm going to get sued
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Old 02-11-2019, 06:30 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by CAN97SH View Post
Not if I'm going to get sued
I still miss it sometimes. The way that the roads through there were designed, it was too inconvenient for the Metro Toronto traffic to take short cuts, so not much street traffic.

Deep woods all over the place. Racoons would be in your trash cans at night if you weren't careful, and there was an occasional bear sighting.

But...you were still within easy walking distance of Yonge and Bloor, the busiest intersection in Toronto.

Maybe I'll get back up there one day. :-) Canada's great.
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Old 02-11-2019, 06:33 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Im on the side of the street without a sidewalk, but i know they are pretty strict about it here. Shovel or you're getting a warning, then a ticket.
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Old 02-11-2019, 06:34 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Never been to Toronto. My GF lived there for a while and she liked it but came back to Winterpeg. We have all of the above but with much less traffic

Saw 5 deer roaming our front street a few weeks ago
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Old 02-11-2019, 06:47 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by moopmoop View Post
The police should give out tickets to every homeowner who doesn't shovel their sidewalk.
I don't agree with that. At least not hete. The sidewalk belongs to the city. Their property therefore their responsibility.
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Old 02-11-2019, 06:50 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by CAN97SH View Post
Never been to Toronto. My GF lived there for a while and she liked it but came back to Winterpeg. We have all of the above but with much less traffic

Saw 5 deer roaming our front street a few weeks ago
Dude I visited some friends in Golden Lake, Ontario once. They picked me up from the airport and it took almost 2 hours to get to their place. Then once we got there, I went everywhere in town on a snowmobile. It was awesome went to some pizza restaurant named after a bear or something and then rode back with a pizza and a case of beer on the snowmobile. Good times.
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Old 02-11-2019, 07:05 AM
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Default Re: Winter Dwellers - Sidewalk and Driveway ICE and possible falls and legal issue...

Originally Posted by rockcity View Post
I don't agree with that. At least not hete. The sidewalk belongs to the city. Their property therefore their responsibility.
That's not what most home owners agree to.

Here it is the homeowner's responsibility, though the sidewalk is public obviously.

As someone who would rather walk most places than drive, ppl who don't shovel are trash & should be launched into the sun.

But I'm not sure why someone from Alabama cares about shoveling snow, not like it actually happens there on an even remotely consistent basis.
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