Neighbors Not Shovelling Snow
So, I’m wondering if I can do anything about my neighbors who don’t shovel their snow. As in, they haven’t shoveled after ANY of the storms we’ve had. This is a problem in front of at least four houses on our block, which have narrow paths of packed-down ice at least three inches thick. I…
So, I’m wondering if I can do anything about my neighbors who don’t shovel their snow. As in, they haven’t shoveled after ANY of the storms we’ve had. This is a problem in front of at least four houses on our block, which have narrow paths of packed-down ice at least three inches thick. I have tried ringing the doorbells a few times but never get any answer. Our lazy-ass next door neighbors moved out without making any shovelling arrangements, so my husband and a couple of other neighbors have been cleaning that walk, but it’s pretty ridiculous for us to have to go up and down the entire block cleaning up after peoplewho don’t maintain their own property. I’m not really one for ratting people out for petty shit, but the situation is getting to the point where it’s genuinely dangerous (actually, it passed that point a while back). It’s especially aggravating because a) there are several elderly people on our block and it’s just a matter of time until one of them gets hurt, and b) there are several young men who go door to door here offering to shovel walks for $10. Is there anyone I can call about this situation, and is it likely to actually accomplish anything?
also the city should be responsible to shovel sidewalks. it’s not like you OWN the sidewalk! this is why i dont own property… too many stupid rules
*rob*
There is one business on my block that has not shoveled once all winter, although they are open every day.
fake a slip and fall and sue them? it’s annoying im sure, but you cant really MAKE people shovel. some people just can’t be asked, it’s unstandable. is this a nice area or is it in the ghetto? not that it really makes a difference cuz people in nice areas dont always shovel either, but if it’s in a nice area youll probably make more cash in a lawsuit.
*rob*
This is a common problem everywhere. I would think due this it just goes to show that the city does not bother to fine anyone.
http://dimartinilaw.com/personal_injury_blog/2010/04/07/who-should-be-responsible-for-snow-and-ice-removal-from-new-york-sidewalks/
This seems to suggest that the law has been changed since the 1998 article referred to above. There is a carve out for owner-occupied 1, 2, 3 family homes. Of course that doesn’t excuse them from paying the fines levied by the city for failure to clear the snow within 4 hours of the snow stopping.
None of this addresses how a good samaritan shoveler is liable for a slip and fall. I guess the homeowner could turn around and sue the good neighbor for not doing good enough job for clearing the sidewalk. I don’t see that as being a very compelling argument before a jury, however.
People should really remove all the “upslope” snow, however, to avoid having it melt and refreeze across the cleared sidewalk.
Here’s a link to an article that confirms the liability issue of not shoveling.http://query.nytimes.com/gst/fullpage.html?res=990DE7D6163EF936A25751C1A960958260
Two years ago I was a juror on a case in Brooklyn that involved someone who slipped on ice because the sidewalk was not properly cleared. The one thing I learned from that case was that a homeowner is not liable if the sidewalk is not shoveled. It’s totally counterintuitive and I don’t know why that is the case. But after being a juror on the case I make sure my sidewalk is clear-even though the risk of getting a ticket for not shoveling is low.
I’m not worried about liability; that’s what our umbrella policy is for. But there’s absolutely no way we’re going all the way up and down the block shovelling snow for numerous neighbors simply because they are too lazy to spend ten minutes cleaning up their own property. if 311 is the place to call then that’s what I’ll try.
I’d be really interested in getting the cite to court case which says a good samaritan is libel for difficient shoveling (and what sort of factual proof would be necessary to make such a case). While I grant that our world is crazily litigious, such stories have the sound of urban myths.
I myself just shovel the paths. I have an older woman next door whose son shows up a day late and I just figure its easy enough for me shovel. I also rake leaves out of the corner sewer drain (I don’t live on the corner), and pick up trash in front of vacant properties. It just seems easier than getting (justifiable though it is) pissy about it. I did have one woman come out of her house when I was raking up in a sidewalk in front of a vacant property across from her house and say I wasn’t doing it right. I invited her to join me. She declined.
I think it is bad karma to call the city on your neighbors for things you can handle yourself.