- Home
- Legal
- Frequently Asked Questions
- Liability
- Liability FAQ 1
Liability FAQ 1
If a municipal ordinance requires
property owners to remove snow and ice from sidewalks abutting their
property, are the property owners then liable for injuries which result
from a failure to remove snow or ice from a sidewalk?
No. Although a municipality can by
ordinance require property owners to remove snow and ice from sidewalks
abutting their property, the long-standing rule in Wisconsin is that
maintenance of a municipal sidewalk is a non-delegable duty and
therefore, the municipality rather than the landowner is responsible for
injuries caused by traveling on a snowy or icy municipal sidewalk. See McCoats v. Threshermen's Mutual Ins. Co., Case No. 96-0715 (Ct. App. Jan 14, 1997, unpublished), citing Walley v. Patake, 271 Wis. 530, 540, 74 N.W.2d 130, 135 (1956) and Hagerty v. Village of Bruce, 82 Wis.2d 208, 213-14, 262 N.W.2d 102, 104 (1978).
Section 66.0907(5) and (10) require the
board of public works or other municipal officers designated to handle
street or sidewalk matters to “keep the sidewalks … clear of snow and
ice in all cases where the owners or occupants of abutting lots fail to
do so ….” Thus, it is ultimately the municipality’s responsibility.
However, municipalities are afforded some protection by Wis. Stat. sec.
893.83, which prohibits an action for damages for injuries sustained
because of a natural snow or ice accumulation unless the accumulation
existed for three weeks. Section 893.83 also makes clear that actions
for damages caused by accumulation of snow or ice existing more than 3
weeks are subject to sec. 893.80 which affords municipalities immunity
for discretionary decisions and limits damages. If a resident fails to
remove snow and ice as required by ordinance, that resident is subject
to a forfeiture if the ordinance imposes one, and the municipality can
perform the work itself and charge the property owner for the removal as
a special charge under sec. 66.0627 or as a special tax under sec.
66.0907(5).