procedures for when it snows or freezes,
but they should. In large retail settings
someone should be tasked with making
certain that if it snows or freezes outside
of business hours the customary snow/ice
removal steps are started. For front of the
house or store employees, have a proce-
dure on what to do if a customer reports
an issue or hazard. Assess whether there
are areas that are off limits or restricted
when icy and if so designate a person to
make such a determination and cordon
off the area. Perhaps most important,
have a procedure requiring whomever
removes snow or ice to log the date, time
and nature of their activity. While these
are but a few of the common procedures,
it is critical that appropriate manage-
ment have a meeting and determine what
procedures should be best practices for
your particular business.
sponsible for removing snow and ice from
the property but they can certainly all
be responsible for removing liability from
the business. Make certain that your staff
is aware that comments from customers
or business invitees such as, "Wow your
front walk is a solid sheet of ice" (which
as me is going to fall and sue you") are
not met with responses such as, "Yea, the
weather sure is getting crazy out there."
Instead, businesses should have a chain
of reporting for snow and ice problems.
More important than having procedures
for winter is to make sure they are re-
peatedly communicated to your employ-
ees both prior to and during the winters.
ally will vary greatly depending on size
and negotiating status of different busi-
nesses, but all businesses can generally
get some protection through the purchase
of a commercial general liability policy
or business insurance policy.
A second way liability can be limited,
is to hire a snow removal company and
shift the responsibility by contract.
While small businesses may generally
operate under an informal relation-
ship wherein the "lawn guy" plows the
parking lot for a hundred bucks when it
snows, the prudent business will reduce
its snow removal contract to writing and
limit its liability. Thus, a strong snow re-
moval agreement will spell out when and
how snow is to be removed, require the
contractor to be insured and bear respon-
sibility for injury/damage claims made
against the business for snow and ice and
indemnification for costs associated with
defending a claim.
Yet a third way to limit liability con-
tractually is to shift such responsibility
in the terms of a lease. Whether it be a
single store in a shopping plaza includ-
ing terms in a lease, or the shopping
plaza requiring the individual store to
be responsible for the area around the
particular store, liability to third persons
for snow and ice related injuries is often
addressed in leases.
to Look at Your Property
fact that a state is an open and obvious
state versus an affirmative duty state,
will not prevent the business from getting
sued. As I tell my clients, anyone can
sue you for anything but that doesn't
mean they'll be successful. That said, it
never hurts to have your defense attorney
come out and provide a second "fresh"
set of eyes regarding potential hazards
and liabilities.
By implementing the steps set forth
above, a business can affirmatively defend
itself by demonstrating it took more than
the minimal steps, and in turn avoid
making an ordinary winter a costly one.