The holiday season is a time of joy, family gatherings, and festive cheer, but it can also bring an increase in accidents and injuries. In Kansas and Missouri, the combination of winter weather, holiday travel, and bustling activities contributes to a variety of incidents during this time of year. By understanding these risks, individuals can take steps to ensure their holidays remain happy and safe.
Kansas City experiences its fair share of winter weather, including snow. While shoveling your driveway might seem like a simple chore, it carries legal implications for homeowners. Understanding your responsibilities can help you avoid costly lawsuits and ensure the safety of yourself and others.
General Liability and Premises Liability
Both Kansas and Missouri adhere to the general principles of premises liability. This legal doctrine holds property owners liable for injuries that occur on their property due to hazardous conditions. In the context of snow and ice, this means:
- Kansas: Kansas law generally requires property owners to exercise reasonable care to keep their premises safe for visitors. This includes taking steps to remove snow and ice from walkways, steps, and other areas where visitors are expected to travel.
- Missouri: Missouri law also emphasizes the duty of reasonable care. Homeowners are expected to take action to address hazardous snow and ice conditions, especially in areas frequented by visitors, such as sidewalks and driveways.
- In both states, though, the property owner has a reasonable amount of time to remove hazards. A landowner generally does not have an obligation to clear the snow and ice the same day as the storm. Some municipalities specify reasonable time and it could even be 48 hours. If a property owner takes steps to remove the hazard before a “reasonable time” has passed, then they have to do it correctly. So, in a municipality where you are required to clear the snow and ice within 48 hours, but the landowner took steps to remove the hazard at 24 hours but didn’t do it well, they would likely be on the hook even though it hasn’t been 48 hours. Once you take that step, you have to do it correctly.
Key Considerations for Kansas City Homeowners
- Ice Removal: Ice can be more treacherous than snow. Consider using ice melt or other appropriate methods to address icy patches.
- Sidewalks: In many Kansas City neighborhoods, sidewalks are the responsibility of the adjacent property owner. Failing to clear snow and ice from your sidewalk can lead to injuries to pedestrians and potential legal action.
- Driveways: While you are primarily responsible for clearing your own driveway, you should also be mindful of how your snow removal activities impact public areas or neighboring properties.
- Guests and Invitees: You have a higher duty of care to guests and invitees on your property. This means taking extra precautions to ensure their safety from snow and ice hazards.
- Slip and Fall Accidents: The most common type of lawsuit related to snow and ice is a slip and fall accident. These cases can be costly and emotionally draining.
Tips for Minimizing Liability
- Clear Snow and Ice Promptly: The sooner you address snow and ice accumulation, the lower the risk of accidents.
- Document Your Efforts: Keep records of your snow removal activities, such as photographs or a log.
- Use Appropriate Safety Gear: Wear appropriate footwear and clothing to minimize the risk of injury while shoveling.
- Consider Professional Snow Removal: If you are unable to clear snow and ice yourself, consider hiring a professional snow removal service.
- Post Warning Signs: If you are unable to clear snow and ice immediately, consider posting warning signs to alert visitors to potential hazards.
Local ordinances may vary within Kansas City and its surrounding areas. Always check with your local municipality for specific regulations regarding snow and ice removal.
