This winter has produced the full range of weather: extreme cold, snow, ice, and most recently snow followed by ice. Most property owners and managers would agree that winter weather provides some of their biggest maintenance challenges. An understanding of the potential liabilities presented by snow and ice should make the challenges presented by the winter season far easier and less stressful.
I was recently contacted by the property manager of a commercial condominium development who inquired about the steps which might be taken prior to the beginning of snowfall. He specifically asked as to whether it was advisable to post signs along sidewalks and parking areas warning “Caution – Slippery”, and “Caution – Dangerous Surfaces”. This is actually a common question, and over the years a number of property managers, association boards, as well as private owners have asked similar questions, with a primary concern being that the mere posting of a danger or warning sign might somehow be used or presented as an admission that the premises in question are inherently dangerous, and therefore the posting of warning signs could be used against responsible parties should someone fall on their premises. On the contrary in fact, as the vast majority of personal injury attorneys will present an allegation of Failure to Warn of Dangerous Conditions, or Lack of Notice of Dangerous Conditions, as specific allegations of negligence to support a slip and fall claim. A party that controls and/or owns real property, in legal terminology the party that “exercises dominion and control” over a parcel or portion of land, has a duty to warn others of dangers or hazards that may be presented by that land. Because the failure to warn or provide notice of a dangerous condition is in itself negligence, it is both advisable and recommended that property owners, managers, and community boards take affirmative steps to post warning signs during the cold weather months.
Providing notice and warning will not relieve responsible parties of potential liability for negligence due to dangerous winter conditions, as the paramount duty is to remedy and rectify dangers. Responsible parties should be aware of both existing conditions, and potential hazards due to future weather conditions, and steps should be taken to maintain exterior walkways and parking areas free of snow and ice to the extent possible and treated with salt and sand when removal is not possible. The hiring of responsible and effective contractors for snow and ice removal and treatment is a necessity, and care should be taken to ensure that such contractors carry sufficient liability and workers compensation insurance to minimize if not eliminate potential liability should the workers themselves slip, fall and sustain injuries.
The posting of warning signs and the removal and treatment of snow and ice can be both time consuming and costly. However, any steps that can be taken to warn of the possibility of dangerous condition, and the removal or treatment of such conditions, should ultimately prove to be worth the investment of time and money.