Sidewalk Maintenance and Liability in Ice/Snow

Overview

This is a reminder that citizens are responsible for maintaining the sidewalk in bordering their property. Citizens can be held liable if someone is injured on the sidewalk, as explained in Eugene City Code.

City officials interpret section EC 7.375 to mean that property owners should keep sidewalks clear of ice, snow, leaves and other things that could cause someone to fall.

Eugene City Code 7.375

Sidewalks, Curbs and Access Connections - Owner’s Responsibility to Maintain:

1. The owner of land abutting a sidewalk shall maintain the sidewalk and curb in good repair and safe condition. Access connection(s) shall be maintained in good repair and safe condition by the owner of land served by the access connection(s).
2. The owner shall be liable for injury, damage or loss to person or property caused by the owner’s negligent failure to comply with subsection (1) of this section.
3. The city shall not be liable for injury, damage or loss to any person or property caused in whole or in part by the defective or dangerous condition of any sidewalk, curb or access connection.
4. The city engineer may serve notice on the owner to reconstruct or repair the abutting or adjoining sidewalk, curb or access connection as conditions may require. A notice to reconstruct or repair and the owner’s duty to repair shall be governed by sections 7.152 to 7.154 of this code.
5. Neither the duty of the owner to maintain the sidewalk, curb and access connection in good repair and safe condition, nor liability for owner’s failure to do so is dependent upon the notice from the city to reconstruct or repair.
6. The owner shall defend and hold harmless the city from all claims for loss or damage arising from the owner’s failure to comply with subsection 7.375(1).

Section 7.375 amended by Ordinance No. 19393, enacted July 28, 1986; amended by Ordinance No. 20458, enacted March 8, 2010, effective April 10, 2010.