preemptive "for shame Lakewood city officials..."

[Jim O'Bryan]

The case law has made it clear that "an otherwise natural accumulation does become unnatural due to the natural process of thawing and re-freezing". The cases are quite interesting in their logic. We all know what the winter conditions are, we should all proceed with due care to protect ourselves against known hazards and dangers. I didn't write them.....but that's the underlying logic.

Jeff

Jeff

So how would the terrible conditions of the sidewalk in this town fall into it? With a snow blower there is always a little of the light powders stuff at the cracks as you have to lift it over the next crack, or as it drop down to the next level. Some of the angle in my sidewalk as as big as 1". Most caused by City or Gas company trucks working in the area.

During the last mayoral campaign I was blessed with having to get two gas line and water lines at two properties. (I am sure it had nothing to do with the "Tom George for Mayor" signs I had in my front yard).The one group screwed up the work of the other. Two years ago we had a sink hole in front of the rental and those trucks drove the sidewalks down at wild angles, that make it unsafe in July.

I called the gas company everyday for months, nothing ever came of it. Recently the city put in a brick patch for the blind on the corner near my house. Then city truck ran over that, and they sent out the cold patch crew to "fix" it. I believe that is a hazard now as well for blind people.

So what would the ruling be?

.

[Jeff Endress]

Jim

It's hard to say. It could be viewed as two separate issues. Is there a sidewalk defect that is primarily responsible? We're all responsible for the conditions of our sidewalks (don't you just love that sidewalk inspector citation?). So, if the defect is the problem, then there would be landowner responsibility.

On the other hand, if there is a natural accumulation of ice and snow OVER the defect, if the defect didn't contribute to the accident, then there would be no responsibility.

If the natural accumulation hid an otherwise visible defect, and that defect caused an accident, there COULD be liability for maintaining a "hidden" defect.

If it wasn't a natural accumulation, was as a result of poor snow removal or piling up snow, then there would probably be some level of liability.

Of course, you would also have to factor in your knowledge of the terrible sidewalk conditions throughout Lakewood, perhaps leading to an issue of comparative negligence regarding your use.

The bottom line, in most circumstances, is that each case is singular, stands on its own specific facts as eventually determined by a jury.

I'm certain that this has cleared up the issue completely.

[Ellen Malonis]

The case law has made it clear that "an otherwise natural accumulation does become unnatural due to the natural process of thawing and re-freezing". Jeff

Thank you, Jeff, for clearing this up - it does indeed show that there is some logical process at work!

[Ellen Malonis]

Now, can the city take this clarification to the neighborhoods in a notice of some kind, with an explanation of our local ordinances? A proactive effort before the first snowfall might be a good start - Mayor, and Council Members, your thoughts? This is listed as a civic DUTY in the ordinance.

521.06 DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN.

(a) Every owner, occupant or person having charge of any tenement building, lot or land fronting any avenue, street, alley or public highway in the City shall remove and clear away, or cause to be removed or cleared away, snow and ice from a path of at least four feet in width from so much of the sidewalk whether or not flagged or paved as is in front of or abuts such building or lot or land.
No person removing snow from any driveway, sidewalk, public or private parking lot or private premises within the City shall deposit the same on the street, pavement, sidewalk or driveway apron of any public street. (Ord. 3-85. Passed 2-4-85.)
(1) Except as provided in subsection (b) hereof, snow and ice shall be removed from all business districts within the City by 9:00 a.m. of each day.
(2) Except as provided in subsection (b) hereof, snow and ice shall be removed from all other sidewalks within the City on the same day as the cessation of any fall of snow, sleet or freezing rain or not later than 8:00 p.m. after the cessation of such fall, whichever period is longer.

(b) In the event snow and ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person or entity charged with its removal, shall within the time mentioned in subsection (a) hereof, cause enough abrasive material or sodium chloride or derivative thereof to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause such sidewalk to be thoroughly cleaned.

[Jim O'Bryan]

Ellen

Which brings us back to a couple other comments in this thread. If the city demands we do not throw snow in the street, and we must keep our sidewalks cleared. Where do the city truck that throw snow back onto our sidewalks fall? Certainly what is good for the goose is good for the gander.

One Riverside, we get trucks flying by throwing snow and ice directly onto our sidewalks where it freezes into a nightmare or ice and mounds that weigh tons. In my case and others this covers up the very sidewalks they destroyed over the course of working on other things.

Jeff
What is the period that I can legally try to get some sort of recourse from the gas company and the city on damages to my sidewalks. I have about had it with the Gas Company, that ruined my tree lawn in such a way that grass and even weeds never grow in the sand they used, and in ruining my sidewalks to make them dangerous.

[David A. Kurczi]

Thanks to all who had input, Big Thank You to Ms. Malonis. I'm glad that I got this ball rolling.

What with the snow ban seemingly not being enforced - I don't have an answer for everyone. Back in the day when I used to have to park on the street I would clear my neighbors drive for her and park there. She didn't drive and it made the house look lived in. Not the snow-bound senior, potential victim that she was. It was a good trade. But she has passed and a young family has moved in and I now park in my garage. I'm so lucky.

There is no reasonable alternative to plowing the streets and in doing so depositing this street snow on our walks and drives. Enforcing the snow ban, mandating that an effort to clear the walk that a reasonably prudent person would do and thus be insulated from suit will help. Put me on that jury and I will laugh at the plaintiff and his attorney if it is frivolous. Though I'm sure there are suits with merit.

Lets face the facts. It's going to snow here. You don't wait for it to stop before you clear it away because that could be in March. Clear what you can, when you can or have it done for you. If not a reasonable attempt you should be held liable. And not by 9:00 AM because school starts before that - thus the snow is already being trampled- and many of us catch a bus hours before that to get to work.

Can we hear from the Mayor on this or council?

I am intrigued by the idea of taking my snow-blower to the tavern. I have a chain and a lock. Granted I will clear but one swath there and one on my return. Then again would I be opening myself up to liability? Damned if you do, damned if you don't.