Brick-and-mortar business and property owners carry liability when it comes to the safety of their employees, tenants, customers, and just about anyone who sets foot on their property. A business’ policies and procedures can highlight everyday ways to maintain real property to protect those individuals. However, circumstances like winter weather often increase the risk of slip and fall incidents; especially in outdoor spaces, parking lots, and sidewalks. Of course, accidents do happen (even on a good day with clear blue skies), but understanding your responsibilities as a business owner and putting proper safeguards in place can help mitigate a business’ risk of liability and resultant injury in case of a slip and fall occurrence.
Business liability and responsibility 
Generally, businesses owe a duty of care to visitors and customers while on their premises. Being a member of society and a business community is a social contract that includes a duty to not cause harm to others. If a slip and fall incident takes place on your property, a “duty of care” reasonableness standard is applied to determine whether or not you were negligent in your responsibility to keep others safe.
In a negligence lawsuit, members of a protected class—e.g. pedestrians, motorists, patrons—must prove the following elements of negligence:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached the duty;
- The defendant’s breach caused harm to the plaintiff;
- Foreseeability of harm suffered by the plaintiff; and
- The plaintiff must have suffered harm for which compensation is available.
Often, local statutes dictate the duty of care owed by a business. For example, in the city of Allentown, Pennsylvania, a local ordinance states that “all persons owning, controlling or occupying any private property, premises, lot or tract of land adjoining or front upon any of the streets of the City shall remove snow and ice from the sidewalk area or footway of such premises within ten (10) hours after it shall have ceased,” and the clearing must be three (3) feet wide.
If a lawsuit is filed, a jury will ultimately be asked whether the defendant behaved or acted like a reasonable person under the circumstances. Let’s assume that your business removed snow from a parking lot or sidewalk in the appropriate timetable according to local ordinance. However, let’s assume that you failed to apply salt on the pathways, despite forecasted overnight temperature drops that would cause some of the remaining precipitation to turn into ice. The next day early in the morning, a customer came to your store and fell on the ice. While you can argue your business followed the requirements of the applicable ordinance, the plaintiff would argue that a reasonable person in the business owner’s position would have applied salt too.
Preventive measures against slip and fall accidents
It is implausible for most businesses operating outside of the adventure tourism arena to require their customers to sign a waiver prior to entering their premises. However, there are a wide range of proactive and preventative measures that businesses can implement to minimize the risk of liability and prioritize customer safety, including throughout winter months when slip and fall accidents are more common. Some of these measures include:
- Clear walkways and parking lots promptly – in addition to abiding by requirements in local ordinances, diligently shovel snow and remove ice from sidewalks, entryways, and parking lots promptly after winter weather events. Perhaps your business contracts with a snow and ice removal company. If so, ensure that your contractors are responsive and meet your requirements and expectations. If your business is undergoing renovations or is otherwise under construction, ensure that your contractors are also predetermined policies and procedures designed to keep others safe.
- Policies, procedures, training and documentation of efforts – perhaps your employees are responsible for maintaining your property; ensure your company policies and procedures clearly dictate what is required. Ensure that your employees are properly trained on how to abide by these guidelines during a weather event and employ a system to document their efforts. For example, a log to document times shoveling occurred, or photographs of these efforts. If a contracted third-party maintains snow and ice removal, require documentation from them. In a lawsuit, these individuals would likely be deposed, so it is important to help them be protected.
- Warning signage and barriers – while you can’t avoid clearing your walkways and just post a “watch out for slippery sidewalks,” you can take extra precautions like putting safety cones or caution tape around spaces where snow trickles off a roof and ice forms quickly. If interior walkways become wet and slippery, implement a “wet floor” sign, rubber mats or other portable carpets to assist pedestrians. Make every effort to remedy structural problems, like a cracked sidewalk in a timely, reasonable manner.
- Routine inspections and maintenance – large businesses and corporations may employ specific staff members to deal with maintenance and safety issues, but smaller businesses likely do not. Consider adding regular site or perimeter walks throughout a business day or shift as part of to ensure proper duty of care, whether a clear sunny day or a snowy one.
Business litigation support for slip and fall occurrences
While there are many things a business can do to properly care for its property, especially in the event of snow and ice, slip and fall accidents do happen. In preparing your defense, be prepared to showcase your abidance by local ordinances and the ways in which your business upholds its duty of care.
Our Litigation & Trial Practice Attorneys and Personal Injury Attorneys are here to help your business defend against slip and fall claims and strive to limit your exposure and risks, as well as avoid future claims. Please reach out for support in your unique matter.
