Indiana winters bring inclement weather that can lead to dangerous sidewalk conditions, including snow and ice accumulation. Pedestrians injured in slip and fall accidents might assume that the homeowner or business next to a walkway is automatically responsible for damages. But liability actually depends on several factors, such as whether the owner created or increased the danger.

In Indiana, landowners generally do not have a duty to remove snow or ice from sidewalks bordering their property. Sidewalks are viewed as municipal property, not controlled by abutting landowners. This rule recognizes that it would be an enormous burden to expect homeowners or businesses to keep public sidewalks clear at all times throughout the winter.

An important exception is when the landowner’s actions create or worsen the hazard. In essence, Indiana law imposes liability for affirmative acts that turn a natural accumulation into a man‑made condition. As examples, an owner might:

1. “Half shovel,” leaving a thin layer of snow that can freeze into an ice sheet.

2. Fail to address black ice created by meltwater spreading across the sidewalk and refreezing.

3. Create piles of snow that later melt, drain back onto the sidewalk and refreeze.

4. Create snowbanks that block gutters, drains or natural runoff paths, causing pools that refreeze.

5. Misuse de‑icing materials, such as applying salt only in patches, creating uneven traction, or using water to wash away snow, causing predictable refreezing.

6. Create uneven surfaces, such as ridges, ruts and packed-down snow and ice patches.

7. Blowing or shoveling snow into the street, where plows push it back onto the sidewalk.

Incomplete snow removal also can create a false sense of safety. A partially cleared sidewalk can look safe from a distance, so that pedestrians walk normally only to encounter hidden ice. In that event, the landowner’s actions actually increased the risk compared to leaving the snow untouched.

Many Indiana cities require property owners to clear adjacent sidewalks within a certain time after a storm. Violating these ordinances may result in fines, but they do not by themselves make the landowner liable in a civil slip-and-fall lawsuit. Courts have consistently held that these rules are meant to promote public order, not to create new rights for injured parties.

Because sidewalks are typically public property, liability might rest with the municipality, a contractor responsible for maintenance or a business that assumes control, such as for outdoor seating. Proving fault requires establishing who owns, controls or maintains the area where the accident occurred.

If you’re injured in a sidewalk slip and fall, document the scene with photos. Note weather conditions and ice patterns. Identify witnesses and report the fall to the city or property owner. Get medical help promptly and contact an experienced Indiana premises liability attorney right away. 

At Rubino, Ruman, Crosmer & Polen in Dyer, we provide effective representation to people injured in slip and fall accidents in Indiana. Set up a free initial consultation by calling 219-227-4631 or by contacting us online.