Shoveling Sidewalks

'As winter approaches, it is time once again for towns and cities to review their policies regarding plowing, salting and sanding of municipal roads and sidewalks. While every town and city has a good deal of experience with these duties, the specific responsibilities and limitations placed on New Hampshire municipalities by state and federal law continue to evolve.'

'The Department's winter maintenance strategy is not to provide black, wet roads during a winter weather event. The Department's strategy is to use anti-icing, mechanical means, and de-icing to keep roads passable at reduced speeds during winter weather and to restore roads to clear travel, after the storm, in a timeframe and condition commensurate with the roadway type and function as described [in this policy].'

'Laws and municipal ordinances play an important role establishing who is responsible for pedestrian facility maintenance. In determining which entity is responsible by law for the maintenance, it is necessary to review state statutes and often state case law to determine legal precedent in cases of civil liability. In most circumstances, liability in regards to pedestrian facility maintenance revolves around trip-and-fall and slip-and-fall cases on sidewalks. If a pedestrian trips on a cracked or uneven sidewalk or slips on an icy sidewalk in winter, sustains injuries and/or damages and seeks monetary compensation, who is found at fault and why?'

'[T]his annotation is concerned with the question of the constitutionality, only, of statutes imposing upon abutting owners or occupants duties in respect of care or condition of street or highway. ... In a minority of jurisdictions, statutes and ordinances requiring owners or occupiers of property to remove snow and ice from the sidewalks abutting thereon have been held to be unconstitutional.'