Who Is Responsible for an Icy Sidewalk — the Homeowner or the Municipality?

The general rule

In Pennsylvania, the duty to clear a public sidewalk of snow and ice generally falls on the owner of the abutting property, not on the municipality — even though the sidewalk itself is part of the public right of way.

Local ordinances set the specifics, and the deadline varies by community. In the City of Wilkes-Barre, for example, the owner, tenant or occupant is required to clear sidewalks of snow and ice within forty-eight hours after a storm or snowfall ends, and failure to do so can draw a Quality of Life ticket.

Other Luzerne County municipalities set different windows. Check the ordinance for the specific borough, township or city where the fall happened — it is a matter of public record and it matters.

An ordinance violation is not automatically a winning case

Violating a snow removal ordinance does not by itself establish civil liability for an injury. It is evidence, sometimes powerful evidence, of a failure to exercise reasonable care. It is not a substitute for proving the case.

The hills and ridges doctrine still applies to sidewalk falls during generally icy conditions, and it is often the central battleground.

When the municipality is the defendant

Sometimes it is: a defect in the sidewalk itself, a broken slab, a dangerous condition of the real property themunicipality owns. Those claims exist, and they operate under different rules.

Pennsylvania’s Political Subdivision Tort Claims Act provides governmental immunity with a limited set of exceptions, one of which concerns the care and maintenance of real property. Claims against municipalities also carry damages caps that do not apply to private defendants.

The deadline is the part people miss. Notice of a claim against a Pennsylvania government entity generally must be given within six months of the injury. Not two years. Six months. If there is any chance a borough, township, city, county, school district or authority is involved in your fall, that six-month clock is the most urgent fact on this page.

Renters, landlords and who actually owes the duty

Ordinances commonly place the duty on the owner, tenant or occupant, which can mean more than one party is responsible at the same time. For a single-family rental, the lease frequently assigns snow removal to the tenant. For multi-unit buildings, common areas and walkways are usually the landlord’s responsibility.

In practice, both the owner and the occupant may need to be identified early, along with their insurers.

What to do after a sidewalk fall

• Photograph the sidewalk immediately, including the untreated stretch and the boundary where treated pavement ends.

• Establish the address precisely. Which property the ice was in front of determines who the defendant is, and “near the corner of Main” is not precise enough.

• Note the storm. When did it stop? That is when the ordinance clock started.

• Report it, and note whether any municipal entity owns or maintains the location.

• Get the ordinance. A copy of the local snow removal ordinance, with its deadline, belongs in the file from day one.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.