Risk & Business Magazine Knight Archer Insurance Fall 2016 | Page 28

WINTER WEATHER LIABILITIES

Winter Weather Liabilities
Property Management

T

he winter months bring more
than just cold weather and
shorter days; they bring the
possibility for winter storms
that may result in a snowand ice-covered landscape. While it may
be a winter wonderland for some, as a
property manager, snow and ice buildup
means a hazard with the potential for
costly liability.
If you deal with either commercial or
residential property, you are responsible
for the side effects of winter. In legal
terms, snow and ice are the same as any
other hazard presented on a property
and just like any other hazard, property
managers can be held liable if they cause
injury. To avoid litigation resulting from
winter injuries, it is important that you
are vigilant in your snow and ice removal
efforts.

RECOGNIZING AND PREVENTING
HAZARDS
Winter brings a variety of hazards that
you need to prepare for; however, slips
and falls are by far the most common
injury associated with winter weather
conditions. Diligent snow and ice
removal can go far in keeping walkways
and parking lots safe. Remove snow
quickly after snowfalls, and salt regularly
to keep ice from building up.

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FALL 2016

Not all winter hazards are under foot,
however. Icicles, along with other
accumulations of frozen or heavy snow
above walkways and building entrances,
can cause serious injury if they fall on
those below. Remove icicles and other
buildup as soon as possible. If it still
appears to present a hazard, consider
rerouting foot traffic around the area.
Performing preventative maintenance in
the summer and fall can also keep you
prepared for winter storms. Make sure
eaves are properly installed, and check
that downspouts are aimed away from
walkways. If eaves leak or downspouts
direct water onto walkways, snow that
melts in the heat of the day has the
potential to freeze and create a hazard
with cooler night-time temperatures.
TRANSFERRING RESPONSIBILITIES
TO TENANTS
For smaller residential rentals, such as
single family homes or duplexes, the
responsibility for snow and ice removal
is commonly accepted by the tenant.
To make sure responsibility is clearly
established in this situation, the lease
should include a provision citing the
tenants as responsible for any snow and/
or ice removal. This section of the lease
should also establish how long after a
snowfall the tenant has to clear public

areas such as sidewalks, as most areas
may have laws requiring prompt snow
removal. It is important to be as specific
as possible to avoid any unnecessary
liability or disputes after heavy storms.
CONTRACTING SNOW REMOVAL
Based on the size and number of
properties you manage and the average
snowfall in your area, you may be
inclined to contract out snow removal to
an independent company. While this can
save you the time and c osts associated
with managing snow removal yourself, it
is important that you choose wisely to
avoid complicating matters.
First, make sure the contractor has
sufficient resources to meet your
demands. It is important that they can
be on-site quickly after, or even during,
a snowfall to make sure walkways and
parking areas are cleared. It is also
important that they have the equipment
and manpower to finish the task quickly
to reduce any disruption to tenants’ lives
or businesses.
Second, make sure the company you hire
carries the proper insurance, covering
both its operations and its employees.
The last thing you want is to end up
being liable for a worker’s injury when
liability for injury is the very thing you