A Tenant Slipped on the Sidewalk — Landlord Liability or the City's?
Updated: 5 days ago
A tenant, or a tenant's guest, slips on ice outside your rental and gets hurt. The first question is usually: is this the landlord's problem or the city's?
The answer depends on where they fell, what your city requires, what your lease says, and what you did to keep the area safe. This guide walks through each one, and what your insurance does when a claim comes in.
This is general information, not legal advice. If someone has been hurt and is making a claim, call your insurance company and talk to an attorney.
Where the fall happened matters most
"The sidewalk" can mean three different places:
The public sidewalk along the street. The city usually owns it, but many cities require the property owner to clear it.
The walkway from the public sidewalk to your door. This is on your property.
Steps, porch, parking area and driveway. Also on your property.
Falls on your own walkways, steps and parking areas are the clearest landlord exposure. Falls on the public sidewalk depend more on city rules and the facts.
Minnesota: most cities require owners to clear the public sidewalk
Many Minnesota cities require the owner or occupant of a property to clear snow and ice from the public sidewalk next to it. Two examples:
Minneapolis: single-family homes and duplexes must clear the sidewalk within 24 hours after snow stops falling. Apartment buildings, commercial properties and other buildings must clear it within 4 daytime hours.
St. Paul: the owner or occupant must clear the public sidewalk within 24 hours after snow or ice stops accumulating.
If the sidewalk isn't cleared, the city can clear it and bill you. Whether you can also be held liable to someone who falls depends on the facts and Minnesota law. Either way, you may be the one who receives the claim, and your insurance is what responds to it.
Other cities have their own rules and deadlines. Check your city's ordinance for each property you own.
Arkansas and other states
Sidewalk rules are set city by city. Some cities put snow and ice removal on the property owner; others don't. Damaged or raised concrete on your own walkway, and hazards you create (such as a downspout that drains across the walk and freezes), are your responsibility wherever the property is.
Can the lease put snow removal on the tenant?
Many leases, especially for single-family homes and duplexes, make the tenant responsible for shoveling. That can help, but it doesn't make the landlord's risk go away:
It can help: it shows who was supposed to do the work, and it can support a defense or a claim against the tenant if the tenant didn't do it.
It usually can't: stop a visitor, delivery driver or the tenant's guest from naming you in a claim, or override a city ordinance that names the property owner.
If you shift snow removal to tenants, put it in writing, be specific (which walks, how soon after snow), and follow up when it isn't done.
What your landlord insurance does
Most landlord policies (DP3 or a commercial landlord policy) include premises liability. If someone is hurt on your property and makes a claim, it usually:
Pays for your legal defense, often in addition to the limit (check your policy).
Pays a settlement or judgment up to your liability limit.
It does not pay anything above your limit. That's what a landlord umbrella is for. It sits on top of your landlord policy and adds another layer of liability coverage. See umbrella insurance for landlords.
Check two things on your declarations page: that landlord liability is included, and what the limit is. Some landlord policies include it; some need it added.
What to do right after a fall
Make sure the person gets help. Don't argue about fault.
Write down what happened: date, time, where exactly, weather, and who saw it.
Take photos of the spot and the conditions, the same day.
Report it to your insurance company or agent quickly, even if no one has threatened a claim yet. Late reporting can cause problems.
Don't admit fault or promise to pay medical bills. Let your insurance company handle it.
How to lower your risk before it happens
Clear walks, steps and parking areas promptly, and meet your city's deadline for the public sidewalk.
Salt or sand after clearing, and again when melting snow refreezes overnight.
Keep a snow and ice log with dates, times and photos. It's strong evidence that you took care of the property.
Fix hazards: raised or cracked concrete, loose railings, poor lighting, downspouts that drain across walkways.
Use a snow-removal contractor with its own liability insurance, and get their certificate of insurance.
Require renters insurance in the lease, so tenants have their own liability coverage.
Look at an umbrella policy if you own more than one rental or have significant assets.
FAQ
My lease says the tenant shovels. Am I off the hook if someone falls?
Not completely. The lease can help your defense, but a visitor can still name you in a claim, and your city may still hold the owner responsible for the public sidewalk.
What if the person fell because the city sidewalk was broken or raised?
That may point to the city's responsibility, depending on who maintains that sidewalk and whether the problem was reported. Your insurance company will look at this when it handles the claim.
Does my landlord policy cover a tenant who slips on my steps?
Usually yes, if your policy includes landlord liability and the claim is covered. Check that liability is on your declarations page.
Who clears the sidewalk at an apartment building in Minneapolis?
The owner or manager is responsible, and the deadline is shorter: 4 daytime hours after snow stops, compared with 24 hours for houses and duplexes.
Not sure your rentals have enough liability coverage? Call City Insurance and Financial Services at (763) 582-1888 or contact us, or see our landlord and rental property insurance page. Related reading: DP1 vs DP3 vs HO-4.
City Insurance and Financial Services, Minnetonka, MN.
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