Winter in Virginia can bring icy sidewalks, snow-covered parking lots, and treacherous walkways. And let’s be honest, in Virginia we’re not exactly snow pros. Every winter storm seems to catch us a little off guard. These conditions pose real risks to residents and visitors, yet confusion is common about who is responsible for clearing snow and ice and when that responsibility begins.
At Curcio Law, we regularly see serious slip and fall injuries caused by delayed or inadequate snow removal. Understanding who is legally responsible, whether it is a property owner, landlord, HOA, or a tenant, is critical after a winter injury. We will start from the top and work our way down.
Virginia Law and Local Ordinances Regarding Snow Removal
Virginia does not have a single statewide law requiring snow removal. Instead, responsibility often depends on local ordinances and who controls the area where the injury occurred. These ordinances matter because violating them can help establish negligence after an injury and are often the first place to look when determining basic legal requirements.
Examples in Northern Virginia include:
Arlington County: Arlington County Code § 27-24, states “[T]he unabated accumulation of snow and ice on public property threatens the public health, safety and welfare of the community, and constitutes a public nuisance unless abated in accordance with the requirements of this section.” Arlington County Code § 27-24(B) further requires property owners to clear snow and ice from public sidewalks adjacent to their property within 24 hours when accumulation is under six inches and within 36 hours when accumulation exceeds six inches.
City of Alexandria: Alexandria City Code § 5-2-21 requires property owners, associations, or occupants to clear adjacent sidewalks and entrances within 24 to 72 hours depending on storm severity. Failure to comply can result in fines or the city performing the work at the owner’s expense.
City of Falls Church: Falls Church City Code § 36-17 requires residential sidewalks to be cleared within 12 hours after snowfall ends or within 12 hours after sunrise for overnight storms. Non-residential properties (i.e. commercial properties) must clear sidewalks within six hours.
Not all localities spell this out so clearly. Fairfax County does not have an official snow removal ordinance. And the county website states: “While not legally obligated, residents and businesses are asked to help keep sidewalks safe, when possible, by clearing snow off the sidewalks in front of their property so that all pedestrians, especially school children, those with disabilities and the elderly, may walk securely.” This does not mean a case cannot be filed in counties or areas that do not have these types of ordinances. Negligence may be more difficult to prove, and the analysis often shifts to common law negligence doctrines, lease terms, and HOA governing documents.
Property Owners, Landlords, and HOAs Responsibility When it Snows
In apartment complexes, condominium communities, and HOA managed properties, responsibility usually falls on the party that controls the common areas. This often includes sidewalks, parking lots, stairways, entrances, and shared walkways. Under Love v. Smith, 239 Va. 357, 367 (1990), property owners have a nondelegable duty to keep their premises “reasonably safe.”
Virginia courts treat snow and ice like any other hazardous condition. Property owners and managers generally have a duty to use reasonable care to keep common areas safe, which includes removing snow and ice within a reasonable time after a storm ends. When snow removal is delayed, incomplete, or ignored, the responsible party may be liable for resulting injuries.
HOA and condominium governing documents often clarify this responsibility, frequently using local ordinances as guidance. Common areas are usually the association’s responsibility, while individual owners remain responsible only for private driveways or walkways.
Tenants & Residents
Tenants and residents of HOA managed properties are typically not responsible for clearing snow from common areas unless their lease or governing documents specifically assign that duty.
That said, your vehicle and the space immediately around it are usually still your responsibility. Associations generally clear driving lanes and pedestrian walkways in parking lots, but snow piled around parked cars is often left to individual owners.
Even when someone else is responsible for snow removal, personal responsibility still matters. Insurance companies frequently look for ways to shift blame. Wearing inappropriate footwear or ignoring obvious hazards may still be raised as an issue, even when a property owner had a duty to remove snow.
Snow Removal Companies
What about a third-party company contracted to do snow removal? If a condo association hired a snow removal company to remove the snow, and the snow removal company failed to do so or did so inadequately, are they also responsible?
The snow removal company could also be responsible if someone was injured from their negligence and the harm was foreseeable. If it is a situation where the snow removal company piled snow by a walkway, which then melts and refreezes, this could be a negligent action on there part as it is reasonably foreseeable that snow melts and refreezes when it gets colder out…they would have created the hazard in this scenario.
5 Things to Do If You Are Injured after Slipping on Ice
If you slip and fall in a parking lot or on a sidewalk at an apartment or HOA managed property, the steps you take immediately can affect your ability to pursue a claim.
1) Seek medical attention first. Even injuries that seem minor can worsen over time.
2) Photograph the scene as soon as possible. Capture ice, snow buildup, lack of salt, poor lighting, warning signs, and the surrounding area.
3)Report the incident to property management and ask for a written incident report.
4)Take note of timing. When the storm ended and how long conditions were left unaddressed often becomes a key issue.
5)Preserve your footwear and clothing. These are frequently examined in winter injury claims.
How Liability Is Determined After Slip and Fall
Liability after a winter slip and fall is rarely straightforward. It often depends on who owned or controlled the property, whether the area was a common space, which ordinances applied, whether snow removal was delayed or inadequate, and whether reasonable warnings were provided.
In many cases, more than one party may be responsible. An HOA may control sidewalks, a property management company may oversee maintenance, and a snow removal contractor may have performed the work improperly.
Curcio Law Is Here to Help
Sorting out responsibility in ice slip and fall cases requires careful investigation and familiarity with Northern Virginia property rules. At Curcio Law, we help injured clients evaluate who may be liable, preserve evidence, and navigate claims involving landlords, HOAs, property managers, and insurers. If you or a loved one is injured due to unsafe winter conditions, you do not have to figure it out alone.
