Houses on East Northwood Avenue, commonly used by students for off-campus housing, was covered in snow and ice, raising questions about who is responsible for winter maintenance. Credit: Davis Beatty | Lantern Reporter
Decked out head-to-toe in winter gear, Ohio State student Lauren Hawkinson thought she was prepared to walk from her apartment door across an ice-covered parking lot to take out her trash Jan. 19.
The journey ended with a torn ligament and a fractured tibia.
“Because it was just a complete sheet of ice, my leg just totally slipped, and then my other compensated, bursting out and tearing things, breaking things,” said Hawkinson, a fourth-year in biomedical engineering.
Hawkinson, who underwent ankle surgery Wednesday, said her expected recovery time is about a month. As a result, she will have to attend classes remotely from her home in Cleveland; making matters worse, she might even have to drop her organic chemistry lab due to being unable to complete it online.
“Having to do distance learning when everyone else is in person is hard, and I don’t think a lot of professors do the best job when it’s a mix,” Hawkinson said. “I think sometimes being online — not like you get neglected — but you just don’t get the same experience.”
When dealing with snow and ice on sidewalks, as well as steps and stoops, students who live off campus might face confusion about where their clean-up responsibilities lie. Frank Kremer, chief counsel for the Civil Team at Ohio State Student Legal Services, weighed in on how to navigate one’s liability.
The lease for Hawkinson’s apartment, owned by OSU Live, states the company is not liable for any injuries on apartment property from ice or snow, Hawkinson said.
The lease, however, does not state who is responsible for the maintenance of the sidewalk around her apartment and the shared parking lot behind the building, according to the document.
OSU Live did not respond to The Lantern’s request for comment in time for publication.
Though Hawkinson said she doesn’t intend to take legal action, her experience reflects the troubles of those living off campus in the winter, especially when it’s unclear who is responsible for winter property maintenance.
Kremer said the liability of snow and ice incidents is determined on a case-by-case basis, using many factors such as the type of property, the location of the snow and ice, the terms of the lease and local municipality laws.
To ensure students are not taken advantage of by their landlords, Kremer said there are steps they can take to adequately prepare for working with a leasing company for the first time.
Before signing a lease, Kremer said to research different landlords online using the Undergraduate Student Government Renters Guide.
Students can also learn which landlords are in network with the Off-Campus Community Engagement Office, Kremer said. An in-network landlord must meet certain criteria to be part of the university’s network, according to the office’s website.
OSU Live is not listed as an in-network company.
Student Legal Services also offers review sessions for students to assess a lease with a legal expert before signing, allowing students to receive an overview of what their rights and responsibilities are, Kremer said.
“Because these things can be so fact-specific, we can then ask [students] the questions to get all the necessary, relevant facts that we need to then analyze it from a legal perspective and give them the best advice that we can,” Kremer said.
Students can make a general advising appointment through the Student Legal Services webform, according to its website.
