Winter premise liability risks you need to prepare for

As temperatures drop and winter weather moves in, property owners face unique liability risks. Snow, ice, and other winter conditions can create dangerous hazards that increase the likelihood of slip-and-fall accidents and other incidents. Understanding these winter-specific risks and taking proactive steps to mitigate them is essential for property owners to keep their premises safe and avoid a Buffalo premises liability lawsuit.

Slip and Fall Hazards on Ice and Snow
Slippery sidewalks, driveways, and steps are some of the most common winter premises hazards. When snow or ice builds up, guests or visitors could slip and fall, potentially resulting in severe injuries. Property owners are generally responsible for taking reasonable measures to clear these hazards, which often includes:

• Shoveling and De-Icing Regularly: Use rock salt or other de-icing agents to treat icy surfaces and ensure walkways are clear.
• Clearing Pathways Immediately After Snowfall: Many jurisdictions require property owners to clear snow within a certain timeframe after a storm.
• Placing Warning Signs: In particularly treacherous areas, use warning signs to alert visitors of potential slip risks.

Black Ice on Driveways
Black ice, a thin layer of transparent ice that blends with pavement, can be especially treacherous. Unlike visible snow or frost, black ice can catch visitors off-guard. To mitigate this risk:

• Apply Sand or Grit: Grit provides traction and can help people identify where black ice may be present.
• Increase Lighting: Good lighting helps reveal slick patches and makes it easier for guests to spot black ice, particularly during early morning or evening hours.
• Encourage Caution: Post signs reminding guests to be careful in winter conditions, especially in shaded or high-traffic areas where black ice commonly forms.

Icicles and Snow Accumulation on Roofs
Heavy snowfall can lead to ice dams, large icicles, and snow buildup on roofs, which pose falling hazards. If these hazards cause injury, property owners may be held liable. Prevent accidents by:

• Removing Snow Regularly: Use a roof rake or hire professionals to clear excess snow from roofs, especially after heavy storms.
• Trimming Overhanging Branches: Ice-laden branches are another hazard; trim trees to prevent branches from snapping and falling.
• Inspecting and Cleaning Gutters: Clogged gutters can lead to ice dam formation, so keep gutters clear throughout the season.

Wet and Slippery Interior Floors
Melted snow and water tracked inside can create wet floors, increasing the risk of slips and falls. To minimize indoor hazards:

• Place Mats at Entrances: Use heavy-duty, water-absorbent mats to capture moisture and prevent it from spreading across floors.
• Use “Wet Floor” Signs: When moisture accumulates, use signs to alert visitors of slippery conditions.
• Regularly Wipe Floors: Check and wipe down entryways periodically to keep them dry and safe.

Damaged or Uneven Pavement Hidden by Snow
Cracks or uneven spots on driveways, sidewalks, and parking lots can become especially hazardous in winter when snow hides these flaws. To reduce the risk of injury:

• Repair Damaged Surfaces: Fix any cracks or uneven areas before winter hits to prevent snow from masking hazards.
• Use Visual Markers: Place brightly colored stakes around areas prone to uneven surfaces to help guests avoid them.
• Conduct Regular Inspections: Periodically inspect high-traffic areas for hazards hidden by snow buildup.

Reduced Visibility During Snowstorms
Snowstorms can make it difficult for guests to see curbs, steps, and pathways, increasing the chance of a misstep or fall. Ensure that:

• Pathways Are Clearly Defined: Shovel or plow well-defined walkways and remove any snow that obscures their edges.
• Install Adequate Lighting: Bright, well-placed lighting can help visitors navigate safely, even during adverse conditions.
• Place High-Visibility Markers: Reflective markers can help guests navigate during snowstorms, especially in large parking areas.

Holiday Decorations and Electrical Hazards
Holiday lights and decorations can create additional hazards if they are not installed or maintained properly. To reduce the risk of injuries or electrical accidents:

• Secure Extension Cords and Cables: Ensure all cords are properly secured and avoid placing them in areas where they could be a tripping hazard.
• Use GFCI Outlets Outdoors: Ground Fault Circuit Interrupters (GFCI) protect against electric shock in wet environments.
• Inspect Decorations: Regularly check outdoor decorations for stability, especially after heavy snowfall or high winds.

Proactive Steps to Reduce Liability
Preventing winter premises liability incidents starts with proactive safety measures. Here are a few additional tips to consider:

• Create a Maintenance Plan: Establish a regular schedule for clearing snow, de-icing, and checking lighting.
• Document Safety Efforts: Keep records of all maintenance actions taken, including dates and times, in case of an injury claim.
• Consider Liability Insurance: Ensure you have adequate liability coverage to protect against potential claims. This is especially important if you regularly welcome guests, clients, or employees onto your property.

By staying ahead of winter hazards, property owners can keep visitors safe while minimizing the risk of accidents and liability. Simple measures, combined with awareness and planning, will go a long way in ensuring a safe winter season on your premises.

Photo by Douglas Fehr on Unsplash