Winter can be beautiful, mainly because of the snowflakes falling, cozy sweaters, and hot cocoa by the fire. But if you own, rent, or manage property, you know it’s not all fun and games.
Winter comes with real responsibilities. Those icy sidewalks and snow-packed parking lots are simply accidents waiting to happen.
These are the kinds of things that, if ignored, can snowball into bigger issues—injuries, expensive repairs, or even lawsuits. No one wants to deal with that kind of stress, so it’s important to stay ahead of the game.
When it comes to winter maintenance neglect, responsibility varies depending on numerous factors, including local laws, property ownership, and specific circumstances. If you are a victim of winter maintenance neglect, it’s important that you know the steps involved in making a claim.
If you’re a property owner, landlord, or even a tenant, ask yourself: “Am I doing enough to make sure everything is safe?” This might mean shoveling snow regularly, salting walkways, checking that the heating system is in good shape, and making sure the pipes and roof are ready to handle the cold. It’s not glamorous work, but it’s what keeps things running smoothly.
Some common forms of winter maintenance neglect are listed below.
- Failure to remove accumulated snow and ice
- Inadequate salting of walkways and steps
- Neglected roof maintenance leading to ice dams
- Unmaintained heating systems
- Poorly insulated pipes at risk of freezing
And let’s not forget the big question: when something goes wrong, who’s responsible? Is it the property owner’s job to keep everything safe? Or does the tenant have to pitch in?
Who Is Responsible For Winter Maintenance Neglect?
When it comes to winter maintenance neglect, the responsibility varies. Typically, these are the following parties you may hold accountable:
Local Government
Municipalities are usually responsible for clearing and maintaining roads, sidewalks, public spaces, and other infrastructure. If they refuse to adequately prepare for winter storms or respond quickly to signs, you may hold them liable for neglect, accidents, or injuries.
Homeowners and Property Owners
Landlords, homeowners, property owners, and managers can also be responsible for neglecting winter maintenance. They are responsible for maintaining the sidewalks, parking areas, and driveways around their properties.
In some places, the law requires property owners and landlords to clear snow and ice to ensure the safety of their tenants and visitors.
If you are a landlord, ensure your tenants are fully aware of potential winter hazards and their responsibilities. Do not assume that your tenants know what they should do during winter. Most of them may be new in the area or first-time renters.
Also, make sure they know who to contact at the first sign of winter problems, such as water damage, faulty pipes or faucets, leaks, etc.
Business Owners
Business owners also have a duty to ensure safe surroundings around their businesses. Their refusal to remove snow or ice in and around their business space can lead to liability for accidents and injuries that will occur on their premises.
Contractors
If a snow removal company is called for snow removal and they fail to show up or even perform the task they are paid to do, you can hold them responsible for any subsequent injuries or damages.
Tenants
While property owners and landlords have significant winter maintenance responsibilities, as a tenant, you have your obligations to keep the property functional and safe, and failure to do so can make you liable for winter maintenance neglect.
Some responsibilities of tenants include:
- Taking care of the heating system inside the building
- Keeping a minimum temperature
- Reporting signs of winter problems early
- Remove snow in areas exclusive to your use, such as entryways, parking spaces, and individual porches.
