To Shovel or Not to Shovel? Here's the law in Ohio

This is an article posted on "Ohio Insurance Institutes" website:

As far as Ohio law goes, homeowners don’t have a legal obligation to shovel sidewalks due to a natural accumulation of snow and ice, but this doesn’t mean you shouldn’t at least try to maintain them.


In December 1993 the Ohio Supreme Court upheld this law when a guest attempted to sue a homeowner in Franklin County for a slip and fall outside of the homeowner’s house.

In the case Brinkman v. Ross, the court ruled that you are walking at your own risk when Mother Nature calls. The case stemmed from a visit by the Brinkman’s to the home of the Ross’ in February 1989. Ms. Brinkman slipped outside the Ross home breaking her ankle. She sued her hosts in Franklin County Court of Common Pleas. The court threw out the complaint, indicating that it had long been established that Ohio homeowners are not obligated to remove natural accumulations of snow and ice.

The decision was reversed in the court of appeals, saying that if a homeowner knows of a hazardous condition and invites guests to visit, there is an obligation to at least warn them. The case then went to the Ohio Supreme Court where the judgment was overturned.

It’s up to your guests and other pedestrians to assume that due to the nature of Ohio winters, there’s always a risk of a slip or fall due to the natural accumulation of ice and snow.


Local snow removal ordinances

Local municipalities may invoke snow removal ordinances. If your city or township has an ordinance that requires residents to keep walkways free of snow and ice, then you have a responsibility to maintain your sidewalks. Some Ohio cities with snow removal ordinances levy fines for not removing snow in a timely manner while others issue warnings.

However, a local ordinance does not automatically implicate a homeowner if someone slips and falls on their uncleared property.

Examples of local snow removal ordinances/requirements
Below are links to information and/or ordinances for a handful of Ohio communities. The Ohio Insurance Institute suggests checking with your local municipality on any snow removal policies or requirements. Many provide this information online.

• Centerville

• Dublin

• Forest Park

• Fairfield

Pools and Insurance

A few weekends ago we all celebrated Memorial Day. Traditionally this is the weekend where many pool owners open up the family pool for the summer. Pools are cleaned, chlorine is checked and pool toys are brought out of storage. There is, however, one other step pool owners should take when opening the pool. That step is to make sure their homeowner insurance is up to date to best protect them if something happens to the pool and or to a summer guest.

The pool itself has coverage on your homeowner policy under Section I, Other Structures. Normally this coverage is 10% to 20% of the amount of insurance you have on your home. Let’s say you have your house insured for $200,000; under a typical homeowner policy you will have $20,000 in coverage for Other Structures. As a pool owner you need to ask yourself, is that enough to cover my pool if it was damaged? If not you may need to increase your Other Structures coverage.

Liability is always a big concern when a pool is involved. It is important for pool owners to know that many insurance companies require pools to be fenced. If they are not the pool owner may find their homeowner carrier canceling their insurance. So if you are someone that currently doesn’t have a pool but plan to add one, make sure to include a fence in your planning process.

Umbrella insurance policies are something we at Fey Insurance Services always recommend but if you are a pool owner we strongly recommend them. Unfortunately drowning is a real risk when you own a pool. Heaven forbid this ever happened at your pool but if tragedy did strike you would want to have all the liability coverage you can to help protect you.

So before you pull the winter cover off your pool, be sure to consult with your insurance agent and do a review of your homeowner insurance. Enjoy the summer!

Host Liquor Liability

Over the next several months there will be many reasons for businesses and individuals to host events and parties where alcohol may be served. Businesses may have happy hours for celebrations such as Mardi Gras, March Madness, St. Patrick’s Day, and Cinco De Mayo where they will be providing alcohol for employees or customers. Individuals may use the same reason to have friends and family over to celebrate and consume alcohol. Taking my party hat off for just a moment and putting my risk management/insurance hat on, let me discuss something called Host Liquor Liability.

This is a coverage that often is part of a Commercial General Liability (CGL) policy and also included in homeowner policies as long as the individual and/or businesses are not in the occupation of making, selling or distributing of alcohol for money (meaning bars, distilleries, wineries, restaurants, etc. would have a different coverage simply called Liquor Liability). Host Liquor Liability is a coverage to help protect in cases where injuries happen because of alcohol incidents. One common example would be a participant is driving drunk and as a result crashes and injures people in an auto accident. Wherever the drunk driver last consumed alcohol could find themselves facing a lawsuit for injuries that were caused by the driver. They could be pulled into the situation because it was at their event and under their supervision that this driver consumed alcohol and then got behind the wheel intoxicated and drove off.

So here is one key thing about host liquor liability that all your employees, customers and/or friends and family will like to hear: if you are going to have an event with alcohol you are best to give it away. If at your event money changes hands and people are then able to consume alcohol you would have violated the no making, selling or distributing of alcohol for money rule. If you are having alcohol at a charity event the alcohol would have to be donated for the event or have a very good paper trail showing that none of the moneys collected to get in the event went toward the purchase of alcohol. Now, if your event is going to have a cash bar you will need to look into purchasing two items. The first is a temporary liquor license from the state and the second is a Liquor Liability insurance policy. Both of those can be costly and time consuming to acquire so your best bet is to just give it away… and be more popular with your employees, customers, friends and family.

Ohio Workers' Compensation for Your Home or Business (repost from Oct 29th, 2009)

If you are in the State of Ohio and employ at least one employee to whom you pay $160 or more in a three month period, you are required to carry Ohio Workers’ Compensation. Your employee could be with your business or simply a babysitter or person you hire to mow your grass.

In Ohio you buy Workers’ Compensation from the State’s Bureau of Workers’ Compensation. Their website address is www.ohiobwc.com or you can call them at 1-800-OHIO-BWC.

Unfortunately your Homeowner Policy Personal Liability cannot help you in situations where you are paying the employee more than $160 in a quarter, so we highly recommend that you purchase an Ohio Workers’ Compensation policy if you are in this situation.

Workers’ Compensation pays for injuries to your workers and includes not only medical expenses but loss of income benefits, too.

The website at www.ohiobwc.com is actually very helpful. If you decided you need to buy a policy, you can do it all on-line including paying for the coverage and printing out a temporary policy to show you have the protection.

Please feel free to contact one of our friendly agents if you wish to learn more about workers’ compensation.

When on The Go... How Your Homeowner Liability Insurance Follows You

Homeowner liability insurance provides financial protection against legal obligations of the insured arising out of activities and conditions at the premises where the insured maintains a covered residence.

This coverage also extends to a personal activities of the named insured and household members anywhere in the world. You are on vacation in Europe- you’re covered; your child is on a mission trip in Mexico- you’re covered.

The homeowner policy defines an insured location as:

1. The qualifying residence premises where the named insured resides and which is shown as the residence premises described in the declarations.


2. The part of the premises used by the named insured as a residence and shown in the declaration, such as a seasonal residence.


3. Any premises used in connection with a residence as defined by one and two above.


4. The part of any premises not owned by an insured where the insured is temporarily residing. Examples would include a hotel room or vacation condo.


5. Vacant land, other than farmland, owned by or rented to an insured. Vacant land is generally defined as land upon which no man-made structures exist. An exception to this is land owned or rented to an insured on which a one to four family dwelling is being built as a residence for the insured.


6. Burial plots or vaults of an insured.


7. The part of premise occasionally rented to an insured for other than business use. An example would be a rented hall for a wedding reception.
   

An insured is defined as the person named in the declarations; that person’s spouse, as long as a resident of the household; relatives residing with the insured at the residence; and persons under the age of 21 and in care of the named insured, spouse or resident relative. This would include foster children or children for which the insured has guardianship.