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The Laws for Shoveling Snow off Your Sidewalk in Hampton Roads

I pride myself in helping clients through their toughest times.- Bill O’Mara

Attorney at Cooper Hurley Injury Lawyers

The Laws for Shoveling Snow off Your Sidewalk in Hampton Roads

When snow falls and it’s freezing and icy outside, it can be tempting to ignore your sidewalk and to remain indoors.

However, many cities in Hampton Roads have ordinances that require homeowners to clear the snow from sidewalks outside their homes. If a passer-by falls over and is injured, they are unlikely to have much luck bringing a lawsuit. You could be in breach of a city ordinance, though.

In Virginia, common law protects the homeowner from liability in most situations although different cities have different laws.

If you run a business, it’s another matter. Under the law of premises liability, businesses can be held liable for slip and fall accidents that cause injuries outside their building if they have failed to clear snow and ice.

The laws for clearing snow

Clearing snow in Western Branch, Chesapeake

The Virginian-Pilot states all cities in Hampton Roads, with the exception of Chesapeake, have ordinances that address snow removal.

Here are the rules for the cities of Hampton Roads

Virginia Beach

Property owners or occupants of homes are required to clear snow from the public walkways by their property within six hours after “such removal can first be reasonably effected.”

Portsmouth and Norfolk

Property owners and residents must clear sidewalks and gutters within three hours of the end of the snowfall

If the snow stops falling between 3 p.m. and 7 a.m. the next day, residents should shovel by 11 a.m.

Failure to comply with the ordinance in Norfolk or Portsmouth you can lead to a class 4 misdemeanor, which carries a fine up to $250.

Suffolk

Residents are given six hours to remove snow from sidewalks outside their homes. A violation could yield a fine of no more than $5 a day in Suffolk

Newport News

Owners or occupants are required to clear sidewalks adjacent to their homes of snow and ice. The snow must be removed within five daylight hours after it stops snowing. Ice must be removed or covered with sand to stop walkers slipping within four daylight hours.

Hampton

In Hampton, all walkways and sidewalks must be cleared of ice or snow by the homeowner or the occupant within three hours after snow has stopped falling or by 9 a.m. if the snowfall happened overnight.

These snow clearing ordinances are seldom used. The Pilot quoted Officer Daniel Hudson of Norfolk Police who could not find a citation issued for the non-clearance of snow.

Notwithstanding the law, it’s common courtesy to shovel snow off your sidewalks. You may prevent harm to a passer-by or your own family.

Cooper Hurley Injury Lawyers help people who have been injured in slip and fall accidents outside commercial premises. Call us today for a free consultation at (757) 455-0077.

Bill O'Mara

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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