When winter arrives, ice and snow transform ordinary sidewalks, parking lots, and entryways into potential hazards. For property owners and managers, failing to remove these winter accumulations is not just a minor oversight—it is a primary cause of premises liability lawsuits. This area of law holds property possessors responsible for injuries that occur due to dangerous conditions on their land, and ice and snow are among the most common and predictable dangers.
The core legal duty is straightforward. Property owners, including homeowners, businesses, and landlords, have a responsibility to maintain their premises in a reasonably safe condition for visitors. This is known as a “duty of care.“ When it comes to winter weather, this duty generally includes taking reasonable steps to clear ice and snow from walkways, stairs, and other areas where people are expected to travel. What is considered “reasonable” depends on the circumstances. A large commercial plaza with hundreds of customers has a higher standard than a private residence, but both have an obligation to act.
A key factor in these cases is notice. The law recognizes that property owners cannot instantly remedy a storm that is actively happening. However, they are expected to address accumulated snow and ice within a reasonable time after the storm ends. This creates what is often called the “storm in progress” defense, but it is a limited protection. Once the precipitation stops, the clock starts ticking on the owner’s responsibility to begin cleanup. Furthermore, if an owner creates the dangerous condition—for instance, by poorly draining gutters that create an ice patch, or by piling snow in a way that blocks visibility—liability can attach even during a storm.
The injuries from slips and falls on ice and snow are often severe. Broken wrists, hips, tailbones, and head trauma are frequent results. When an injured person files a lawsuit, they must prove several elements. They must show the property owner knew or should have known about the dangerous ice or snow accumulation, that the owner had a reasonable opportunity to remove it or warn about it, and that the failure to do so directly caused the fall and resulting injuries. Evidence is critical. Photographs of the icy patch, weather reports from the day, witness statements, and records of the property’s maintenance practices all play decisive roles.
It is important to understand that not every slip and fall on ice will result in liability. Property owners are not insurers of absolute safety. If the ice was an open and obvious condition—a plain patch of black ice on a clear day, for example—a court may find that a visitor should have seen and avoided it. However, this defense is not automatic. Courts often rule that even obvious ice is unreasonably dangerous because it is so difficult to walk on safely. The law also considers the necessity of the visitor’s path; people can be expected to exercise more caution, but they still need to access buildings and parking areas.
For businesses and landlords, the financial stakes are high. A single significant injury can lead to medical bills, lost wages, and pain and suffering damages that total hundreds of thousands of dollars. Beyond the lawsuit, there is reputational damage. The best defense is a consistent, documented maintenance plan. This means having contracts with reliable snow removal services, salting and sanding high-traffic areas promptly, keeping detailed logs of all winter maintenance actions, and ensuring proper drainage to prevent recurring ice patches.
Ultimately, the law views unremoved ice and snow as a preventable danger. The responsibility falls squarely on the party in control of the property to take proactive, timely measures. Ignoring a snowy walkway is an invitation to a lawsuit, one where the legal and financial consequences can be as hard and unforgiving as the ice itself.
