Who Is Liable for Ice Accidents on Commercial Walkways?
Ice hazards build fast on commercial walkways, especially when temperatures dip or moisture from snow, rain, or runoff settles on pavement. Entrances, side paths, and loading areas can become slippery in minutes during freeze–thaw cycles. While these areas serve employees, customers, and daily traffic, any slip can trigger immediate questions about legal responsibility.
Because ice forms quickly and unpredictably, understanding liability helps owners stay one step ahead of preventable accidents.
Why Ice Liability Matters for Businesses
Ice-related injuries can create workplace disruptions, long-term claims, and financial losses for commercial properties. Liability often depends on whether the walkway was actively maintained and whether the owner took steps to prevent hazards before people accessed the area.
Because Toronto’s weather can swing from mild to icy within hours, courts review how well an owner adapted to these conditions. They consider the frequency of treatments, the accuracy of logs, and whether the property was monitored when temperatures dropped.
Reasonable care means more than clearing visible ice; it means anticipating how quickly conditions can change and responding in a steady, documented way.
Related Article: What’s the Difference Between Snow Plow, Shovel, and Ice Control?
Who Is Responsible for Keeping Walkways Safe?
Most commercial properties fall under one of three responsibility models. Understanding which one applies helps owners prepare for winter risk.
1. Property Owners
Owners hold primary responsibility for keeping the site safe. Their duty includes clearing snow, managing ice, salting high-traffic areas, and addressing known hazards.
If ice is left untreated for too long, or if there is no routine plan in place, owners may be found liable even when the weather has been difficult.
2. Property Managers or Tenants
Some commercial leases transfer winter maintenance duties to a tenant or management company.
If the contract specifically states who maintains walkways, that party usually carries liability when an accident occurs. Clear agreements and documented routines make a major difference in these cases.
3. External Contractors
When a property hires a snow and ice control contractor, part of the liability shifts. Contractors are responsible for performing the work they were hired to do. However, owners and managers must still monitor conditions, confirm that the work was completed, and keep records. A contract does not remove all responsibility.
Related Article: Why Private Road Snow Plowing Is Critical for Winter Safety
What Courts Look At After an Ice Accident
Courts review several factors to determine who is legally responsible. These points often decide the final outcome.
Maintenance Routine
Courts check if the property had a consistent plan. They also look for logs that confirm when walkways were salted, sanded, or cleared.
Weather Patterns
Freeze–thaw swings, sudden snow bursts, and flash freezes are all considered. The question is whether the owner acted reasonably after the weather changed.
Response Time
A delay in treating ice can shift liability to the owner or manager. Quick action shows a commitment to public safety.
Hazard Awareness
If staff reported icy patches but no one addressed them, the owner is likely to be held responsible.
Common Mistakes That Increase Liability
Ice liability often comes down to preventable mistakes. These are the main issues that put commercial properties at risk.
- Inconsistent Scheduling: Treating ice only after complaints increases injury risk. A set schedule helps keep conditions predictable.
- No Ice Monitoring System: Some properties only react to heavy storms. Ice can form on clear days, so monitoring is essential.
- Relying on Spot Treatments: Treating small areas while ignoring shaded walkways or building entrances leaves hazards in place.
- Poor Documentation: Courts rely heavily on records. Without logs, owners cannot prove they acted responsibly.
Why Proactive Ice Control Protects Your Business
A proactive approach to ice control helps prevent injuries and keeps your property operating smoothly through unpredictable winter conditions. Scheduled treatments reduce the chance of sudden icy patches in entrances, loading areas, and shaded walkways. This steady routine also lowers the number of interruptions caused by the weather.
Adding a professional snow removal team brings more precision to the process. Crews use real-time weather monitoring, route planning, and proper application methods to manage ice effectively.
Their documentation supports legal defence and shows that the property followed a consistent, reasonable plan. This includes ice-melting products, walkway clearing, and full-route inspections throughout the season.
Related Article: Top 5 Features to Look for in a Snow Removal Contract for Businesses
How Commercial Ice Control Works
Ice control involves more than placing salt on a walkway. A complete service uses several steps that work together to manage shifting conditions throughout the season. Each step supports safety, reduces the chance of sudden ice formation, and helps owners document regular maintenance.
- Pre-Treatment
Pre-treatment is applied before a storm or before temperatures drop into the freeze–thaw range. A liquid or granular de-icing agent is placed on high-risk areas such as entrances, ramps, side paths, loading zones, and shaded sections where ice bonds quickly.
This step slows the freezing process and keeps ice from sticking firmly to the pavement. When crews return during the storm, they are not breaking through a hard layer of ice. This speeds up treatment and helps walkways stay usable during business hours.
- Active Storm Treatments
Once a storm begins, crews return to monitor surface conditions and apply additional treatments as needed. They focus on areas that freeze earlier than the rest of the site or where traffic compacts snow into slippery layers.
Storm treatments may include clearing slush, breaking up forming ice, reapplying de-icer, and checking sections exposed to cold winds. Entrances, ramps, and walkways that serve staff and customers receive frequent attention because these areas create the highest liability when left untreated.
- Post-Storm Checks
After the weather passes, crews complete a final inspection of the property. This step confirms that no refreezing has occurred overnight or in shaded areas that hold moisture.
Post-storm checks often reveal thin, clear ice that forms after temperature drops late in the evening. Treating these patches prevents early morning slips when staff or customers return.
This final step also creates accurate documentation that shows the property was consistently maintained through the entire weather cycle.
How to Reduce Liability on Your Commercial Property
These steps help owners and managers strengthen safety and limit legal exposure.
- Set a winter maintenance schedule and follow it consistently.
- Use pre-treatments when temperatures drop below freezing.
- Monitor shaded areas and sections where ice forms quickly.
- Keep activity logs with times and conditions.
- Use a professional snow and ice contractor for reliable, documented service.
Related Article: Commercial Snow Removal Costs in Toronto: Per-Visit Breakdown
Building a Safer Walkway Strategy for Your Property
Maintaining safe walkways is a clear responsibility for every commercial property. With unpredictable winters across the GTA, the best protection is proactive ice control backed by consistent documentation.
Green Side Up Contracting provides dependable winter maintenance, clear routing plans, and fast response times that help reduce liability and keep walkways accessible.
Book your winter maintenance plan today so your property stays safe, compliant, and ready for every storm.
Frequently Asked Questions
Who is responsible for clearing ice on shared commercial properties?
Responsibility depends on the lease or agreement between owners, tenants, and managers. The duty usually falls to the party assigned winter care in the contract.
Can a property owner still be liable if a contractor was hired?
Yes. Hiring a contractor reduces but does not remove liability. Owners must confirm work is completed and keep accurate records.
Does pre-salting actually reduce slip risk?
Yes. Pre-salting stops ice from bonding firmly to pavement, making it easier to clear and reducing the chance of sudden icy patches.
How soon should ice be treated after freezing rain?
Treatment should begin as soon as conditions change. Delays increase injury risk and weaken a legal defence.
What areas of a commercial property need the most attention?
Entrances, loading zones, ramps, shaded areas, and walkways with high foot traffic are the most common problem spots.
Is documentation important for ice accident claims?
Documentation is critical. Logs that show treatment times, surface conditions, and weather reports often determine liability.