Windermere Has No Sidewalks to Shovel

The cash registers at Trader Joe’s at Federal Plaza on Rockville Pike rang up a record $177,000 in gross sales by 5:00 pm on Saturday, January 12, 2019. With five to ten inches of snow in the forecast area grocery stores experienced a surge of business with customers at the Giant Food at Georgetown Square on Old Georgetown Road standing in lines that extended all the way to the sea food section in the back of the store. Firewood starter was sold out. Unsold copies of The Washington Post headlined the fact that this was the longest government shutdown in history.

Though it only snows once or twice a year in North Bethesda, every resident in Windermere breathed a sigh of relief, because snow shoveling was limited to just the front steps, walkway, and driveway. With 16 inches of average annual snow fall in Montgomery County, it can be significant. Had there been sidewalks, some residents would have had to address upwards of 150 feet of back breaking work or lighten their wallet to clear the snow. And, some no doubt would have been taken advantage of by the door to door opportunists that come through the community with each snow. Many are the real deal genuine service providers, but some are down right gougers.

Community residents have already filed their survey forms with the Montgomery County Department of Transportation (MCDOT). A large majority of Windermere residents expect what one person phrased as “a moronic proposal” to be withdrawn. If approved, however, county and state law would require residents to shovel sidewalks clear of all snow and ice. Let’s take a closer look at some of the ramifications of snow and sidewalks.

Montgomery County Government posts on its website the procedures for filing a complaint against neighbors, who do not clear their sidewalks of ice and snow within 24 hours. Should a neighbor call 311 to file a complaint, the following takes place:

“A letter is sent to the address provided by the complainant. The letter is informational and outlines the legal requirements for removing snow and ice from walkways in front of residential properties. For residential properties that have been sent warning letters in the past, an inspector will be assigned for any subsequent complaints at a specific address. If the property owner or occupant has previously been sent a warning letter and is found to be in violation, the inspector may issue a Civil Citation.”

A $50 fine could follow for failing to comply with the law. Frequently asked questions are answered and posted online by the county. A public service announcement video is also posted by the county to YouTube.

The possibility of citations and fines do exist when traveling over the winter months. Weather advisories only forecast so far into the future, and not all homeowners have contracts in place where snowfall would trigger a contractor to go to work with the same routine and effieciency as a lawn maintenance contractor. Nevertheless, homeowners have a duty to exercise reasonable care to make sure that their walkways and sidewalks are safe for others to walk upon.

This is important, because sitting by the fireplace and drinking hot chocolate or mulled red wine will not prevent bone fractures, bruises, back injuries, spinal cord injuries, or traumatic brain injuries that can and have occurred as a result of shoveling snow or slipping on black ice.

The popular website WebMD reports that 11,000 adults and children in the United States are rushed to the hospital each year due to just snow shoveling related injuries.

In a 17-year study published in the American Journal of Emergency Medicine, it was found that:

“Overworking your muscles, falling, and being hit with the shovel were the most common reasons for getting hurt. Muscle, ligament, tendon, and other soft tissue injuries topped the list of snow shoveling mishaps. Among these, lower back injuries were common. Other common snow shoveling injuries included cuts and broken bones. The arms and hands were the most likely body regions to sustain a bone fracture. Heart-related problems made up only seven percent of snow shoveling injuries. However, all deaths due to snow shoveling were caused by heart problems.”

More established communities, like Windermere, have many older residents. And, as a result, the medical data should cause adults over 55 to take notice since they are more than four times “more likely than younger people to have heart-related symptoms while shoveling [snow and ice].”

The cost of a heart attack can run upwards of $100,000, which includes the cost of overnight stays, cable television, and hospital food. Many health insurance policies do not cover the entire bill.

With the many serious health risks associated with shoveling snow, let's now take a look at potential legal liability.

Personal injury lawyers experienced in slip and fall litigation can easily be located online via Google using the search phrase “slip and fall snow Maryland.” The advise in the aggregate for the injured is to immedieately seek medical attention, photograph the scene where the injury occurred, report the incident, identify witnesses, narrate what took place along with the weather conditions, preserve all of the clothing and shoes worn on the day of the injury, then contact an attorney for counsel and strategy in order to secure compensation.

The other side of this is the assumption of risk as a matter of law. Those who walk in the snow and ice have a choice, should have given more forethought before walking on the snow or on ice, and therefore a person of normal intelligence would have avoided the risk.

Legal theory can be slippery. A property owner’s liability for a slip and fall injury due to unshoveled snow and ice can hinge on the property owner’s knowledge of the presence of snow and ice, or whether they should have known. Liability also hinges on whether the property owner was negligent in failing to protect others from snow and ice on a sidewalk. And, improperly shoveling a walkway may actually contribute to an unsafe sidewalk.

Looking at the county's Sidewalk Proposal at first glance was startling enough. Windermere's residents quickly realized the county had also proposed a tree removal requirement. With the first real snow of the season, it is now quite clear that the county did not disclose to Windermere's residents the health risks and legal liability that would necessarily come with a sidewalk. Fully understanding these took more time than was allotted by the January 11, 2019 deadline to reply to the MCDOT.

[This article should not be construed as a source for medical or legal advice].

This is the eighth article in a series on Windermere and community planning in North Bethesda.
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