Winter weather creates hazardous walking conditions that lead to thousands of slip and fall injuries annually. Property owners have legal duties to address ice and snow hazards, though the extent of these duties varies significantly by jurisdiction and circumstances.
Property Owner Duties in Winter
Property owners generally must maintain their premises in reasonably safe condition for visitors. In winter, this duty extends to addressing ice and snow accumulations that create slip hazards. However, the scope and timing of this duty varies by state and property type.
Most jurisdictions require owners to remove snow and ice within a "reasonable time" after precipitation ends. What constitutes reasonable depends on the amount of accumulation, available resources, and local conditions.
The Natural Accumulation Rule
Some states follow the natural accumulation rule, which provides that property owners are not liable for injuries caused by natural accumulations of ice and snow. Under this rule, owners have no duty to remove naturally occurring snow and ice.
However, even in natural accumulation states, liability may exist when owners negligently created the hazardous condition (melting snow refreezing due to drainage issues), when owners began removal and created a more dangerous condition, and for unnatural accumulations from roof drainage, sprinkler systems, or other sources.
Jurisdictions Requiring Snow Removal
Many jurisdictions reject the natural accumulation rule and require property owners to remove snow and ice within reasonable periods. Local ordinances often establish specific timeframes—such as requiring sidewalk clearing within 24 hours of snowfall ending.
Failure to comply with removal ordinances supports negligence claims and may constitute negligence per se.
Commercial vs. Residential Property
Commercial properties typically face heightened duties. Businesses inviting customers must maintain safe premises, including prompt snow and ice removal. Parking lots, walkways, and entrances must be cleared and treated.
Residential owners have varying duties depending on jurisdiction. Some states exempt homeowners from liability for snow-covered sidewalks; others impose removal requirements.
Landlord Responsibilities
In multi-unit residential properties, landlords typically bear responsibility for common areas. Tenants injured in snow-covered parking lots, walkways, or building entrances may have claims against landlords for failure to maintain safe premises.
Lease terms may allocate snow removal responsibilities, but landlords cannot contract away all premises liability to tenants.
Timing and Notice Issues
Liability often depends on whether the owner had reasonable opportunity to address the hazard. Falls during active snowstorms or immediately after precipitation rarely support claims because owners haven't had time to respond.
The longer ice and snow remain after precipitation ends, the stronger the case for owner negligence. Overnight accumulation unaddressed by business opening hours suggests failure to inspect and maintain.
Evidence in Ice and Snow Cases
Document conditions immediately. Photographs showing ice or snow accumulation, lack of treatment (sand, salt), and the specific hazard location. Weather records establish when precipitation occurred and ended. Witness testimony about conditions and the owner's response.
Evidence of whether the area was treated with salt or sand supports or undermines claims that reasonable precautions were taken.
Comparative Fault Considerations
Defendants argue injured parties should have recognized winter hazards. Wearing inappropriate footwear, walking where cleared paths were available, or ignoring obvious ice may reduce recovery.
However, property owners cannot eliminate their duties by arguing everyone should expect winter hazards.
Pursuing Winter Slip and Fall Claims
If you fall on ice or snow, document the location and conditions immediately if possible. Note whether the area was treated or cleared. Photograph accumulation and the hazard. Identify the property owner and any maintenance contractors.
Consult an attorney familiar with local premises liability law, as winter weather rules vary significantly by jurisdiction.