Liability Issues with a Right of Way

[yyz0]

Hello,
This is just a general question regarding Liability issues with a shared right of way.
This is for NY state. I live at the far end of a shared right of way that has 4 properties involved. I don't own any of the property that contains the shared roadway, it's owned by the other three houses on the opposite side of the driveway from me. Of the 4 properties, the one across from me is a summer home only and the property at the road end does not use the right of way as they have their own driveway. So that leaves only two houses that use the driveway in the winter.

Due to the fact that I have a snowblower and have to get to work and the other homeowner could care less about clearing snow, I snowblow the whole length of the driveway from my house to the road.

I've always wondered who is responsible for anyone injured by slipping on the driveway in the winter due to ice/snow buildup? Would it default to me since I an the one that performs the snow removal or does it fall to the individual property owners? I can't see how the summer home across from me or the house that does not use the driveway could be responsible for the driveway in the winter even though they own parts of it. I had always assumed that if my wife or I got hurt on it that we were responsible for ourselves since we have the right to use that property. But what if a sales person or paperboy slips and falls?

There is no maintenance agreement and nothing in the deed about maintenance of the roadway. So am I inadvertently increasing my liability by clearing the snow from the whole driveway?

thanks

[Mr. Knowitall]

Is there a local ordinance that compels homeowners to clear the snow you're removing? If so, there's a possibility that the homeowner responsible to remove the snow would be liable if the ordinance is not obeyed. (States differ a bit on when personal injury actions can be based upon ordinances). That would only affect you in relation to your own property or share of the road as defined by the ordinance.

Generally speaking, liability goes to those who own the land, or who have care and control. That's to say, if I'm a landlord and I rent a store to a tenant, I might be liable as the owner, but my tenant is also liable in relation to their exercise of control (and their exercise of complete control may limit or end my liability as the owner). You're in a different situation as, although you're exercising some level of care, you're not making any effort to control or limit access or otherwise step into the shoes of an owner, so I don't see your act as giving you any responsibility for portions of the road other owners are responsible to plow under a theory of "care and control".

There's also the question of negligent snow removal - creating, for example, snow berms that create unnatural runoff that causes ice accumulation. This is again something that gets complicated to analyze, as laws are different in each state and the analysis is fact-dependent. But that type of case more typically arises in a parking lot where a store has created a huge berm that creates an unexpected ice patch that a customer might not notice while getting out of a car.

I suggest having a discussion of your concerns with your insurance agent, to see if your agent recommends a rider. You could also ask about the cost of an "umbrella policy" which, if reasonably priced, would provide you with broad protections in this situation and others you might not even have dreamed of.

In snowy states, slip and fall cases are often resolved under an "open and obvious"-type defense - if you can see the snow or ice, or know it's there, you're presumed to know it's slippery and are expected to exercise care. In most states it's much harder than many people think to successfully sue for slipping on snow or ice. (But hey - if it scares them into shoveling their walk, as a frequent pedestrian who sometimes visits snowy regions I can't complain too much.)

[yyz0]

Thanks for the information Mr K.

The biggest problem with a right of way is the not knowing all the rules and regulations regarding them. thanks again