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Old 13 February 2014, 07:14 PM
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snopes snopes is offline
 
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Ponder Attorney says ignore urban legend: Shovel the sidewalk

As anywhere from 4 to 10 inches of snow and ice accumulate today, city dwellers face the question: Do I let pedestrians deal on their own with Mother Nature, or do I shovel the sidewalk and risk a lawsuit?

That question always arises because there are court cases in which someone made an attempt to clear the ice and snow, only to be sued.

http://www.ohio.com/news/break-news/...ewalk-1.464199
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Old 13 February 2014, 09:04 PM
Onyx_TKD Onyx_TKD is offline
 
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For example, he is pursuing a case in which a school shoveled for its students but employees didnít continue to keep the walk clear for an older person who came by and fell. Itís about common sense and not being negligent.
...
Donít worry if you shovel this morning and then go to work while the snow keeps coming down. Come back for more shoveling in the evening; a judge or jury is likely to approve.
Maybe I'm misinterpreting or there were additional factors in the school case, but the two bolded portions seem inconsistent to me. It's ok to shovel in the morning and leave for the rest of the day, knowing that snow will continue to accumulate, but if school employees shovel in the morning and then let the snow accumulate while they do their normal jobs inside, that's negligent? It's not like a school is a place where people are coming and going all day, requiring the sidewalks to be constantly clear. Why are they supposed to drop their work to go shovel multiple times a day, when everyone else can leave it until the workday is over?
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Old 13 February 2014, 11:34 PM
Ellestar Ellestar is offline
 
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It's a matter of not being home to shovel it. You can't shovel it if you aren't there. If you are, however, he seems to be making the claim that if you don't keep up with it, you may be held liable.

The same goes with schools. It's not as though the custodians are not there. They are (or, some could argue, should be) and that during snowfall, regular shoveling of the walk should be considered "their work" to keep up with during the day.

IANAL, but this was my interpretation from this article.
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Old 14 February 2014, 12:48 PM
St. Alia St. Alia is offline
 
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Originally Posted by Onyx_TKD View Post
Maybe I'm misinterpreting or there were additional factors in the school case, but the two bolded portions seem inconsistent to me. It's ok to shovel in the morning and leave for the rest of the day, knowing that snow will continue to accumulate, but if school employees shovel in the morning and then let the snow accumulate while they do their normal jobs inside, that's negligent? It's not like a school is a place where people are coming and going all day, requiring the sidewalks to be constantly clear. Why are they supposed to drop their work to go shovel multiple times a day, when everyone else can leave it until the workday is over?
Part of custodians normal jobs are to clear snow. And I'm confused by the idea that schools are not places where people are coming and going all day-in my experience, schools have a great deal of in and out traffic all day long.
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