After sweating through a long summer, the weather is finally cooling down, the Birds are back, and our neighborhoods are about to look about as idyllic as they will all year.
My front yard is home to a beautiful red maple tree that gives a whole new meaning to “Red October.”
For fellow homeowners, it’s time for blowers, rakes, and leaf piles undone by a single windy afternoon. But once fallen leaves make their way onto sidewalks and walking paths, there is another issue worth keeping in mind: maintaining a safe path for our
friends and neighbors.
Who Is Responsible?
A public sidewalk may intuitively feel like Township property, but homeowners still have responsibilities associated with the sidewalk adjoining their property.
During leaf season, Springfield Township’s ordinance directs residents to rake collected leaves to a position inside the sidewalk rather than pushing them toward the curb, where they can interfere with gutters and storm drains.
However, civil liability for leaves on the sidewalk is an entirely separate question.
Code vs. Negligence
A municipal code violation can lead to a citation or fine.
A civil negligence claim is a completely different beast: did someone have a duty to exercise reasonable care, fail to do so, and did that failure cause an injury?
A citation may matter, but it does not automatically make a homeowners liable. The reverse is also true: no citation does not necessarily mean no negligence.
Leaf cases turn on the facts: How many leaves had accumulated? Were they wet? How long had they been there? Did the homeowner know, or should they reasonably have known?
Leaves Can Hide Hazards
Anyone who has walked through a thick layer of wet leaves – or watched their kids fly into the air like they just hit a banana peel in Mario Kart – knows how slick they can become.
Leaves can also conceal a crack, raised concrete, uneven step or other defect that would otherwise be obvious. Fall is a useful time to inspect the walking surface, not just clear what landed on it.
What Homeowners Should Do
The law does not turn every stray leaf into a lawsuit-in-waiting.
The practical approach is much simpler than trying to eliminate every leaf the moment it falls. Pay attention to significant accumulations, especially after rain; keep heavily traveled walking areas reasonably clear; look for underlying conditions the leaves may be hiding; and follow the Township’s instructions about leaf relocation.
What if Someone Falls?
If someone falls on or around your property, start with the obvious: make sure the person is okay and call for medical assistance when appropriate. Doorbell and home security footage can disappear automatically depending on your settings, so if a camera captured the incident or the condition of the walkway, save the recording.
If the injury appears significant or the person indicates that a claim may be made, review your homeowners insurance policy and promptly notify your carrier. Most policies require the homeowner to report occurrences that may lead to a claim and to cooperate with the insurance carrier’s investigation.
A little attention to the sidewalk during fall cleanup can make things safer for neighbors, delivery drivers, students, and everyone else enjoying our short-lived-but-glorious fall season. We may never win the annual battle against the leaves, but keeping the walking areas around our homes reasonably clear is within our control.
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