The winter months bring more than cold weather and shorter days. They also bring the chance of winter storms. These storms can create a landscape covered in snow and ice.

For some, winter is a beautiful wonderland. However, property managers and owners know that snow and ice can create expensive risks. Whether you manage commercial or residential properties, you are responsible for addressing winter’s side effects.

In legal terms, snow and ice are hazards. Property managers can face responsibility if they cause injury, just like any other hazard. You must remain vigilant in your snow and ice removal efforts to avoid litigation from winter-related injuries.

Recognizing and Preventing Hazards

Winter brings numerous hazards but slips and falls are among the most common injuries. Diligent snow and ice removal can go a long way in keeping walkways and parking lots safe. Remove snow promptly after snowfall and salt regularly to prevent ice buildup.

Not all winter hazards are underfoot. Icicles and heavy snow accumulations above walkways or entrances can cause severe injury if they fall. Additionally, heavy snow on roofs can pose a risk of roof collapse, leading to significant building damage. Remove these hazards as soon as possible by clearing snow and icicles safely, and reroute foot traffic around affected areas if necessary.

Performing preventative maintenance in the summer and fall can also help prepare for winter storms. Ensure eaves are properly installed and that downspouts direct water away from walkways. Poorly placed downspouts or leaking eaves can freeze melted snow overnight, creating hazardous conditions.

Transferring Responsibilities to Tenants

For smaller residential rentals, like single-family homes or duplexes, tenants often accept snow and ice removal responsibility. To make this clear, add a section in the lease.

This section should state the tenant’s duties for removing snow and ice. You should also include a deadline for snow removal after a weather event. Be specific to avoid liability or disputes following heavy storms.

Contracting Snow Removal

If you have multiple properties or face a lot of snow, hiring a snow removal company can help. It will save you time and effort. However, it’s crucial to make informed choices to avoid additional complications.

1. Select a Contractor with the Right Resources
   • Make sure the contractor can respond quickly during or after snowfall. They should have the right equipment and enough workers to effectively clear walkways and parking areas.
2. Verify Insurance and Agreements
   • Confirm the contractor carries liability insurance and request a Certificate of Insurance to verify their coverage. A written contract should specify the scope of work and timelines for snow removal.
3. Keep Detailed Records
   • Maintain logs for snow removal, documenting when the work was done, what was completed (e.g., sanding or salting), and who performed it. These records are invaluable in defending against liability claims or disputes.
4. Use Surveillance and Incident Procedures
   • Maintain video surveillance to document events in case of incidents.
   • Have a procedure to capture reported incidents’ details, such as the date, time, location, and any injuries sustained.

Remaining Accountable

Hiring a snow removal service does not absolve you of liability. Should the company deliver subpar service or not appear, you still hold liability for accidents caused by winter risks. Pick a reliable contractor and always have a backup plan for dealing with snow and ice if the service cannot meet your needs.

If you have questions about managing risks and exposures or securing appropriate coverages to protect against liability or costly disputes, reach out today.