Winter Warriors

Winter Warriors: Clearing the Path to Safety

The Legal Side of Snow Removal: Liability Considerations

Snow and ice removal companies understand that parking lots, sidewalks, and entryways are areas of greatest concern when it comes to slip and fall incidents. These high-traffic zones should be a top priority for clearing after winter storms. The highest-risk areas are walkways near building entrances, handicapped parking spaces, sloped surfaces, and ramps. Environmental factors like shade and melting/refreezing of surfaces during temperature fluctuations also require extra diligence. North-facing walkways and areas blocked from sunlight exposure are prone to developing slippery black ice. Snow removal crews need to regularly salt and sand these troubled spots. Property managers should document any locations that tend to freeze over repeatedly so snow and ice removal companies can monitor them closely and apply more frequent treatments. Careful attention should be given to pavement cracks, potholes, and uneven surfaces that can pose tripping hazards when obscured by snow accumulation. Keeping diligent records of prior incidents, especially with details on exact locations, can help snow and ice removal companies optimize their service plans.

Snow Removal Best Practices to Limit Liability

To limit any liability associated with slip-and-fall incidents, property managers should establish a well-defined snow removal plan and keep detailed records of all efforts. Monitoring weather forecasts daily allows staff to stay ahead of expected accumulations and have adequate supplies on hand. Placing visible signage like Caution: Slippery When Wet at entrances reminds visitors to use extra care. When clearing begins, crews should focus first on high-traffic priority areas like handicap spots, ramps, sidewalks, and primary walkways. Applying de-icers properly in the recommended amounts helps melt snow and prevent refreezing into ice. However, over-application can produce excess runoff, so strike the right balance. Marking uneven walkways and pavement cracks with cones or spray paint ensures people avoid these tripping dangers concealed by snow. Managers should document the time, date, and scope of work whenever clearing is performed, including photos of the completed work where possible. This diligent record-keeping shows judges and juries the reasonable efforts made to keep premises safe. While no snow removal is perfect, following best practices greatly limits liability by demonstrating the thoughtful policies and actions implemented.

Responding to Slip and Fall Incidents

When a slip and fall incident occurs on a property, it is critical to respond promptly and properly. Staff should follow procedures to get medical assistance for the injured person right away. All details of the event should be reported, photographed, and documented, including the precise location, weather conditions, surface type, lighting, and any other relevant factors. Video surveillance footage should be preserved as evidence if available. The snow and ice removal policies and procedures in place should then be thoroughly reviewed to determine if any improvements could help prevent similar incidents going forward. For instance, increasing application rates of de-icer on certain trouble spots may be warranted. Consult legal counsel as soon as possible about the claim process, preservation of evidence, insurance notification requirements, and any written statements or communications regarding the incident. An organized response demonstrates diligence to the injured party and courts. While not every slip and fall can be prevented, learning from each occurrence and making adjustments helps strengthen the overall snow and ice management program for reducing future liability risks.

The Role of Snow Removal Contracts

Snow removal contracts play a key role in limiting liability by establishing clear expectations upfront. The scope of work should define exact services like clearing, de-icing, hauling, and snow stacking in detail. Required liability insurance minimums and additional insured status for the property owner should be confirmed. An indemnification clause is essential to transfer responsibility for injury or damage claims to the provider when arising from their services. Documentation such as service logs, photos, application rates, and material safety data sheets should be required from the snow removal company throughout the term. Well-crafted contracts put both parties on the same page regarding duties, allocate risk appropriately through insurance and indemnity, and create a paper trail of provider actions. Having these protections in place reduces the property owner s liability and ensures expedient, high-quality service to keep the premises safe during winter weather.

Conclusion

To limit liability, property owners must be proactive and diligent with snow removal efforts while fully documenting all actions taken by staff or contractors. Following industry best practices for clearing snow, applying de-icers, marking hazards, and responding to incidents establishes reasonable care and maintenance standards. Continuously evaluating current snow management procedures and looking for ways to improve processes further demonstrates a commitment to safety. With comprehensive documentation, established protocols aligned with emergency snow removal services, and a mindset of continuous improvement, property managers can significantly reduce their exposure to slip-and-fall claims and lawsuits during winter weather events. Being prepared for the inevitable snow will pay dividends when liability questions arise.