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Does Home Insurance Cover Icy Sidewalk Injuries?

Homeowners insurance will cover slip and fall injuries on icy sidewalks in some cases when a homeowner is found liable. However, it is important to understand the scenarios when such injuries are not be covered.

Read Time: 6 mins

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When winter hits, it can become a slippery and dangerous mess. Sometimes it is a nightmare to get rid of the ice on a walkway or the driveway. Ice causes severe threats, especially when it comes to a slip and fall. As a homeowner, you will want to know whether home insurance covers icy sidewalk injuries.

When it comes to icy sidewalk injuries, home insurance will cover the injury, depending on the scenario and how it occurred. If the sidewalk is icy due to homeowner negligence, then the policy will cover the liability for the injury. More often, though, icy sidewalks are considered to be part of acts of nature, which means the injury is not covered and not deemed to be the homeowner’s fault.

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Discussing icy sidewalk injuries can quickly become complicated. Below we dive deep to explain how liability is determined, who is responsible, and the reasons behind these scenarios. This way, you will know if you are covered this winter season or not.

Key facts
  • Your insurance company will make a determination regarding liability with a slip and fall claim.
  • Acts of God or nature are not situations in which most homeowners are found liable.
  • If the homeowner’s property is the direct cause of the ice that results in the injury, the insurance company will cover the claim.

Determining liability

When there is an icy sidewalk injury, the first thing your home insurance will do is assess the liability. This means they will make a determination as to whether the homeowner is at fault for the injury or not. This will largely impact the way a claim is or is not handled.

If the icy sidewalk is a direct result of homeowner negligence, then it is likely that the liability will rest on the homeowner, and the insurance company will need to handle the claim. 

If the local laws state a homeowner is responsible for their portion of the sidewalk that abuts their property and does not treat it or clear it, and an injury results, this will also result in liability on the homeowner. 

On the other hand, if no law exists, and the sidewalk is just icy due to a recent storm, this is considered to be an act of nature. Acts of nature are not circumstances where a homeowner would be found liable for sidewalk injury. 

When it comes to determining liability, it often directly relates back to local laws, unexpected and unforeseen circumstances, and whether the homeowner’s property itself was the root cause of the injury. Once this is determined, liability will be determined.

Scenarios that are covered

Now that you understand how liability works, it is important to see scenarios that could cause a claim to proc and your insurance company to pay it. This is important because it will affect your insurance history. 

  • Local law. Some municipalities require residents to maintain their sidewalks. This means that the homeowner must clear the sidewalk and make sure it is safe as regular maintenance. Failure to do so can result in an injury, for which the homeowner would be liable.
  • Storm. If there is a storm, it is usually considered an act of nature. That is unless there is a rule in place where a homeowner must clear a sidewalk within so much time after the storms end. If this does not happen, and an injury occurs from an icy sidewalk, then homeowners insurance and the homeowner are on the hook for the liability.
  • Gutter problems. If you do not maintain your gutters, and they are full of leaves, they will not properly drain. When this happens, the water will escape and leak anywhere there is an opening, including onto the sidewalk. If it suddenly gets cold and the water freezes, it will cause ice and can result in injury. If someone is hurt in this circumstance, insurance will cover it.

These are common scenarios in which your home insurance would be charged with handling the claim due to liability.

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Scenarios that are not covered

While the scenarios above would find liability on the homeowner, there are scenarios in which a homeowner would not be liable. Some are dependent on the state you live in, while others are just common practices.

  • Storm without ordinance. If there is a storm, and it causes your sidewalks to be icy and messy, and there is no law in place stating you must clear the sidewalk and an injury occurs, you will not likely be liable for the injury. This is considered an act of nature or an act of God, and liability on the part of the homeowner is not expected.
  • Broken water main. If there is a broken water main and the water pools up and then freezes on the sidewalks, causing an icy injury, the homeowner would not be liable. This issue stems from a peril the municipality faced, and since they did not care for the sidewalk, they would be on the hook, not the homeowner.
  • Ice and snow pile up. If the municipality you live in clears snow and piles it onto the sidewalk, it can become an unsafe mess. People will still try to walk in this mess and may get hurt. This is the fault of the municipality as the sidewalk is considered to be theirs, and their drivers created the risk. 

While icy sidewalks can be scary, they are not always a liability for a homeowner. A good rule of thumb is to try to clear it as soon as you can, anyway. It will lessen the risk and be a good act of neighborly kindness either way.

What does liability insurance cover?

If you are found to be liable for a slip and fall on a sidewalk, it is important to understand how liability insurance will cover you and the claim. Your homeowner’s insurance has personal liability and medical payments to others coverages built in for these types of scenarios.

The liability coverage will cover legal fees and payments that are associated with the claim. If the injury goes to court, it will cost attorney’s fees, settlement fees, and other fees. Your insurance company will reimburse the homeowner for these fees up to the maximum allowed on the policy less the deductible.

For the medical portion, if the party is hurt and has to go for treatment or to the hospital, it will take care of these fees. Hospitalization, physical therapy, etc, will all be covered under this portion of the liability. This will continue until the maximum coverage less the deductible is met.

Review your policy limits with your insurer. If you do not have enough insurance, you can find yourself paying out of pocket for any remaining medical and legal bills due to an event that causes injury. Not only can this be expensive, but it can also be life-altering.

Beware of ice on your property

Ice can be very beautiful, but it can also be very dangerous. It is important to treat ice as soon as you can to ensure lessen the risk associated with it. With enough prevention and maintenance, you can avoid having to deal with an icy sidewalk slip and fall claim.

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ABOUT AUTHOR
Katelyn is a freelance copy editor and writer based in Massachusetts. She holds Bachelor's Degrees in Business Administration and Political Science, both from Fitchburg State University, as well as a Master's Degree in Public Administration from UMass Amherst. In her free time, Katelyn enjoys reading, traveling, and spending time with her family.
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