QUESTION
Who has the responsibility to keep the parking lot clear of snow and why?
Asked on Jun 11th, 2015 on Personal Injury - Montana
More details to this question:
I've lived in my apartment complex for 6 years, new management has taken over this year and the decline in maintenance service is evident. After the recent snowstorm this past Wednesday, our parking lot is a wreck 4 days later. In the past, the previous management officials sent out a notice asking that the lot be cleared of cars so that the plows can clear the lot-including all parking spaces. The time around plows have simply cleared the straight away so that cars can drive straight through the lot. I have never seen my neighbors have to place chairs and cans in parking spaces in 6 years because the spaces are normally cleared. I personally have had to park out of the lot and on the street because my tires can't handle the amount of ice covering the ground. The walk way to my building is completely blocked at the beginning but then it is cleared in the middle, if cars are parked on both sides of the walk way, there is no safe way to get through. I spoke with the onsite management office on Thursday and explained all of this and the fact that I almost fell in the lot. I was told that the person would make some phone calls so that it could be taken care of. It is now Sunday and nothing has changed. In addition to the walk way, there is no evidence of salt being placed down. Is it the management's responsibility to handle this problem or was it just a luxury to have the lot cleared in previous years?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Since it virtually never snows in Wisconsin in June, I cannot imagine that this is a Wisconsin question. Or else it has been sitting around for some time until it arrived here today, 11th June. This is the Wisconsin corner of this site. You may wish to ask again in the area for your State. In general, check your lease. Check the municipal ordinances (in any library or city hall or at your alder person's office) about such responsibility. I cannot know if you have a state law governing such things, but you might want to contact a lawyer in your own community with this question.
Answered on Jun 12th, 2015 at 1:06 AM
James Eugene Hasser
It depends on the terms of your lease and the existence of any local ordinances that might apply. Read your lease and call the City and/or County. Good luck.
Answered on Jun 11th, 2015 at 1:01 PM
Ronald A. Steinberg
The apartment owner also owns the parking lot. Your lease requires the apartment owner and manager to 1) give you a housing unit which is fit and habitable and 2) common areas (including the parking lot) which are fit for the purpose of the parties. So, they owe you a responsibility to keep the parking lot reasonably clear, but you have a responsibility to pay attention to your surroundings and to act for your own safety.
Answered on Jun 11th, 2015 at 12:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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From a tort liability perspective, it is the landowner's responsibility to keep its property in "reasonably safe" condition. What constitutes "reasonable" under the circumstances depends on what the circumstances are. As for convenience and who's doing a better job as compared to someone else, that's not really a legal issue, but more to do with concepts like "free market", "human nature" and "squeaky wheel". I don't know if you are aware of this, but your question was posted June 11 so I can only assume that mother nature has dealt with the snow issue by now. Even so, I recommend getting your apartment neighbors together and if the apartment management fails to keep up to standard next winter, do a social media campaign on them, with reports and complaints from all directions, along with bringing the matter to the attention of the corporate management, property owners, local code enforcement, etc. Give them a chance to get it right, though and be sure to thank them when they do.
Answered on Jun 11th, 2015 at 10:40 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The snow must be melted by now.
Answered on Jun 11th, 2015 at 10:12 AM