Once winter arrives, most businesses become proactive about keeping their property safe for customers, employees, and visitors by hiring a professional snow removal company. Many business owners believe that once they sign a contract, the contractor assumes all liability for slippery surfaces, slushy sidewalks, and icy entrances. Nonetheless, even with a contract in place, the property owner still has a non-delegable duty to keep the property safe; therefore, they can still be held accountable if someone slips and falls at an icy entrance. Relying entirely on a third party is a common misconception that often requires guidance from experienced Salt Lake City injury lawyers when injuries occur.
The Legal Duty of Commercial Property Owners
Under premises liability laws, business property owners have the highest duty of care to visitors on their property, legally termed “invitees.” This includes conducting inspections and fixing known risks, as well as those that a reasonable inspection would reveal. Although businesses may enter into contractual arrangements to shovel, salt, and plow, the business owner cannot contract his or her main legal obligations to anyone. When a visitor gets hurt as a result of falling into an icy path at the entrance of the business premises, it is common for the claim to be made against the owner or property manager of the business.
Mind the Gap: Timing and Rapidly Changing Weather
A major reason a contract fails to shield a property owner completely is the predictable gap between a contractor’s arrival and the actual accumulation of ice. Snow removal companies rarely monitor a single business twenty-four hours a day. They operate on set schedules, trigger thresholds such as two inches of snowfall, or emergency call-outs. During that time, the melting snow may turn into an unseen sheet of ice, or more snow could cover a slippery area right outside the front door. The owners of a business who observe a risky area in the vicinity of the main entrance while their shop is open for business and don’t do anything about it, like spreading salt, putting protective mats, or warning customers, are considered negligent. Legal action would largely depend on the possibility of constructive knowledge of the hazard by the owners of the business.
Establishing Liability and Indemnity in Court
When slip and fall incidents lead to serious harm, such as broken bones, severe sprains, or traumatic head injuries, untangling who is responsible can become complicated. A Salt Lake City personal injury lawyer regularly investigates these scenarios to determine all parties accountable for a preventable accident. However, in many legal cases, the business owner may try to make the snow removal service provider join the case as a third party and ask for indemnification due to the contractual agreements that exist between the two parties. The injured party may also try to sue both the business owner and the snow maintenance service provider in the same suit. Nonetheless, in terms of duty of care, it is centered on the business premises.
Proactive Steps for Winter Safety Management
To minimize legal exposure and keep patrons safe, commercial property owners must adopt an active role in winter property management. Relying solely on periodic visits from a snowplow is simply not enough to satisfy legal standards of reasonable care. Property managers and employees should regularly inspect for slippery areas, especially at building entrances, outdoor ramps, and covered walkways, where water can freeze quickly. Having sufficient quantities of ice melt, snow shovels, and high-traction entry mats ensures employees can address unexpected weather changes right away. Keeping records of maintenance activity in writing can help establish that the company took all necessary precautions to ensure safety.
Final Thoughts
While a snow removal contract is an advantageous thing when it comes to property management, it is not an insurance policy that makes people liable. Business owners must be vigilant and proactive in ensuring safety for everyone who uses their property. If they fail to fulfill their duty of care, people who get hurt may have grounds to seek compensation. Navigating the legal complexities of commercial premises liability often calls for the skills of dedicated Salt Lake City injury lawyers who can protect victims’ rights and hold negligent property owners accountable.
