Preventing Slip-and-Fall Accidents: The Role of Commercial Snow Removal in Liability Protection

Winter in the GTA brings more than just picturesque snowfalls and cozy evenings by the fire; it also ushers in a heightened risk of slip-and-fall accidents on icy sidewalks, parking lots, and entryways. Imagine this: a customer slips on a patch of ice outside your business, sustaining a serious injury. What follows could be a costly legal battle, reputational damage, and a significant financial burden.

For commercial property owners, the responsibility for preventing such accidents goes beyond simply clearing snow. The law in Ontario places a clear duty of care on businesses to maintain safe premises for visitors, customers, and employees. Failing to do so can lead to serious legal and financial consequences.

Let’s discuss the importance of proactive snow and ice management for commercial properties, exploring the legal implications, potential risks, and strategies to mitigate liability and ensure a safe winter season for everyone.

Understanding the Liability: A Legal Perspective

In Ontario, commercial property owners have a legal responsibility to ensure their premises are safe for those who enter them. This responsibility is enshrined in the Occupiers’ Liability Act, which outlines the duty of care owed to visitors, customers, and employees.

Occupiers’ Liability Act

Under Ontario’s Occupiers’ Liability Act, those who own or control a property are legally responsible for taking reasonable steps to ensure the safety of anyone who enters their premises. This duty extends to the removal of snow and ice, as these conditions can create hazards that lead to slip-and-fall accidents.

Duty of Care

Commercial property owners have a duty of care to:

Provide a safe environment: This includes taking reasonable steps to prevent hazards, such as clearing snow and ice from walkways, parking lots, and entryways.
Warn of dangers: If hazards cannot be immediately removed, property owners must provide clear warnings, such as signage or barriers, to alert people to the potential danger.
Inspect regularly: Regular inspections of the property are necessary to identify and address potential hazards promptly.

Negligence

Negligence occurs when a property owner fails to meet their duty of care, resulting in an injury to someone on their premises. In the context of snow and ice removal, negligence could include:

Failing to remove snow and ice within a reasonable time frame.
Not applying de-icing agents to prevent ice formation.
Failing to warn visitors of slippery conditions.

If a slip-and-fall accident occurs due to negligence on the part of the property owner, they could be held liable for the injured person’s damages, including medical expenses, lost wages, and pain and suffering.

Understanding these legal obligations is crucial for commercial property owners to take proactive steps to ensure the safety of their premises during the winter months.

Consequences of Slip-and-Fall Accidents: Real-World Impact

Slip-and-fall accidents on icy surfaces can have far-reaching consequences that extend beyond the immediate physical injuries. Commercial property owners need to be aware of the potential repercussions to understand the full importance of diligent snow and ice management.

Injuries

Slip-and-fall accidents can cause a wide range of injuries, varying in severity:

Minor Injuries: Bruises, sprains, strains, and cuts are common in slip-and-fall incidents. While these may heal relatively quickly, they can still cause pain, discomfort, and temporary disability.
Serious Injuries: More severe falls can lead to fractures, head injuries, spinal cord injuries, and even traumatic brain injuries. These injuries may require extensive medical treatment, rehabilitation, and long-term care, resulting in significant financial burdens and emotional distress for the injured person.

Legal Claims

When a slip-and-fall accident occurs on a commercial property due to negligence in snow and ice removal, the property owner could face legal action.

Lawsuits: Injured parties may file lawsuits seeking compensation for their medical expenses, lost wages, pain and suffering, and other damages.
Financial Burden: Defending against a lawsuit can be expensive, involving legal fees, court costs, and potential settlement payouts. Even if the property owner is not found liable, the legal process can be time-consuming and disruptive.

Reputational Damage

Beyond the financial implications, a slip-and-fall accident can damage a business’s reputation and erode customer trust.

Negative Publicity: Accidents can attract negative attention, especially in today’s world of social media and online reviews.
Loss of Customers: People may be hesitant to visit a business where they perceive a safety risk, leading to a loss of customers and revenue.
Difficulty Attracting Employees: A reputation for unsafe premises can also make it challenging to attract and retain employees.

By understanding the potential consequences of slip-and-fall accidents, commercial property owners can appreciate the importance of proactive snow and ice management to protect their business, their reputation, and the well-being of those who enter their premises.

Proactive Snow Removal: Mitigating Liability

Preventing slip-and-fall accidents on your commercial property requires a proactive approach to snow and ice management. By implementing effective strategies and prioritizing safety, you can significantly reduce the risk of accidents and mitigate potential liability.

Prompt Removal

Time is of the essence when it comes to snow removal. The longer snow and ice remain on the ground, the greater the risk of accidents. Aim to remove snow promptly after a snowfall, ideally within 24 hours or as soon as is reasonably possible.

Ice Management

Even after snow is removed, ice can form on surfaces, especially during periods of freezing and thawing. Implement de-icing measures to prevent slippery conditions:

Salt or Sand: Apply salt or sand to walkways, parking lots, and entryways to melt ice and improve traction.
De-icing Products: Consider using commercial de-icing products that are environmentally friendly and effective in melting ice at lower temperatures.

Regular Monitoring

Conditions can change rapidly throughout the day, especially during temperature fluctuations. Monitor the condition of your property regularly, paying attention to areas prone to ice formation, such as shaded areas, slopes, and entryways.

Documentation

Maintaining records of your snow and ice removal efforts is crucial for liability protection. Keep a logbook or digital records that include:

Date and time of snow removal activities
Areas cleared
Type and amount of de-icing agents used
Any accidents or incidents reported

This documentation can serve as evidence of your due diligence in maintaining a safe property should a slip-and-fall accident occur and a legal claim is filed.

By taking these proactive steps, you demonstrate a commitment to safety and reduce the risk of slip-and-fall accidents on your commercial property, protecting your business and those who visit it.

Safeguard Your Business This Winter with Green Side Up

Maintaining a safe environment for your customers and employees during the winter months is not just a matter of good practice; it’s a legal obligation. By understanding the Occupiers’ Liability Act and taking proactive steps to prevent slip-and-fall accidents, you can protect your business from potential liability, costly lawsuits, and reputational damage.

Prompt snow removal, diligent ice management, and regular monitoring of your property are essential for mitigating risks. However, managing winter maintenance can be time-consuming and demanding, especially for busy businesses.

That’s where Green Side Up Contracting comes in. With over 24 years of experience serving the GTA and York Region, we provide reliable and efficient commercial snow removal and property maintenance services. We are committed to ensuring the safety of your premises, allowing you to focus on your core business operations with peace of mind.

Don’t let winter weather put your business at risk. Contact us today for a free consultation. Let our experts help you develop a customized winter maintenance plan that meets your specific needs and ensures a safe and worry-free season.

Posted in Snow Removal and tagged Snow Removal Liability

Call: 905 392 7123