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

New Ohio State Wide Texting Law

On June 1st Ohio Gov. John Kasich signed into law a state wide texting while driving ban. The law will go into force in 90 days from June 1st. This new law has tougher restrictions on those under 18. If you are under 18 you are not allowed to use a cell phone at all in a car when you are driving, hands free or not. Those over 18 are still allowed to make phone calls on their phones and are allowed to use the phone to dial while driving. They are just not allowed to send or read texts while driving. Also, for those under 18 the phone use law is a first offense meaning if a police officer sees a person under 18 using a phone while driving they can be pulled over and ticketed just for that offense. Those over 18 can only be ticketed for texting while driving if they were also pulled over for another violation such as speeding, running a red light, etc.

The law is a misdemeanor for drivers with fines up to $150. If you are under 18 you’re first offense could be $150 fine with a 60 day license suspension. A second offense for those under 18 is $300.

Dog Law in Ohio to Change

A recent article in The News-Herald does a wonderful job summing up the changes to the Ohio dog law.  The article was written by Jean Bonchak and was posted on April 29th, 2012.  Read below:

"Whether you own a poodle, Pomeranian or any pooch at all, be aware that new laws regarding your canine responsibilities soon will take effect.

Matt Granito, president of the Ohio Dog Warden's Association who also serves as the Geauga County dog warden, presented preliminary information regarding the state laws, which begin May 22, to Geauga County Commissioners at a recent meeting.

Granito said the association initiated the legal action because something more had to be done to protect the public from dogs who bite.

The laws passed by the Ohio General Assembly state if an unprovoked dog bites someone then the dog's owner or person responsible for the dog at the time of the incident can be subject to criminal prosecution. It would range from a fourth-degree misdemeanor to a fifth-degree felony with the possibility of facing time in jail.

"Without provocation," as defined in the legal document, means that a dog "was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity."

Dogs displaying aggression may be classified as "dangerous" or "vicious."
A "dangerous" label means that without provocation it has caused injury, other than killing or serious injury to any person, or has killed another dog. Dogs classified as "vicious" have killed or caused serious injury to any person.
Owners of dogs deemed dangerous will be required to pay an annual fee of $50, have the animal spayed or neutered, provide up-to-date rabies shots, secure microchipping, purchase a special tag to be worn by the dog warning it is dangerous and have appropriate signs posted on their property. Chain-link fences also will be required."