How Frozen Walkways Shift Responsibility Between Buffalo Property Owners and Contractors

Winter in Buffalo can bring with it not just beautiful snowy landscapes, but also serious risks for property owners and contractors. One of the most common dangers is the formation of frozen walkways, which can lead to slip-and-fall accidents, injuries, and even lawsuits. The responsibility for keeping walkways safe, however, isn’t always clear-cut. For property owners and contractors, determining who is liable when someone slips on an icy path can be a complicated legal matter.

 

Robert Friedman

Michael Ranzenhofer

Justin Friedman

John Dracup

 

At Friedman & Ranzenhofer, PC, we have worked with many Buffalo property owners and contractors to navigate these issues, ensuring that all parties understand their rights and obligations when it comes to snow and ice removal. Understanding who bears the responsibility for keeping walkways clear of ice—and when responsibility shifts—can help prevent accidents and reduce the risk of legal action.

This guide explores how liability for frozen walkways can shift between property owners and contractors and what steps each party can take to minimize risk and ensure safety during the winter months.

The Legal Framework for Property Owners in Buffalo

Under premises liability laws in Buffalo, property owners are typically responsible for maintaining a safe environment for anyone who enters their property. This includes removing hazardous conditions such as ice and snow from walkways, driveways, parking lots, and other frequently used areas. When icy walkways cause slip-and-fall accidents, property owners are often the first to face legal action due to their primary duty of care.

Buffalo property owners have an obligation to keep their premises in a reasonably safe condition. This means that if ice forms on a walkway or parking lot and the property owner fails to address it in a timely manner, they could be held liable for any injuries that occur as a result. For instance, if a visitor or tenant slips on an icy sidewalk and sustains an injury, the property owner could be found negligent for not taking reasonable steps to remove the ice or warn individuals about the potential hazard.

That said, property owners can transfer some of this responsibility to contractors, particularly those specializing in snow and ice removal, under certain circumstances. The key issue here is whether the property owner delegated the duty to maintain the walkways, and whether the contractor fulfilled their duties.

Contractor Liability in Snow and Ice Management

For many property owners, hiring a contractor to handle snow removal is a common solution. These contractors may be responsible for salting, sanding, and plowing to ensure walkways and parking lots remain free of ice. The terms of the contract between the property owner and contractor play a significant role in determining who is liable for accidents that occur as a result of icy walkways.

In general, when contractors are hired to clear snow and ice, they take on the responsibility for ensuring that the property remains safe. If a contractor fails to adequately treat walkways or complete their tasks in a timely manner, they could be held liable for any injuries that result from their negligence. For example, if a contractor is hired to salt the walkways and they neglect to do so, leaving the walkways dangerously slippery, they could be found responsible for any slip-and-fall accidents.

This shifting of liability becomes especially complicated when it comes to establishing the scope of the contractor’s duties. In some cases, contractors may only be responsible for certain tasks, such as plowing snow, while the property owner remains responsible for salting the walkways. This division of duties should always be clearly defined in the contract to avoid disputes over responsibility in the event of an accident.

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Shifting Liability Between Property Owners and Contractors

In Buffalo, the liability for a slip-and-fall accident on a frozen walkway often depends on the terms of the contract between the property owner and contractor. Property owners may be held responsible for accidents that occur in areas they are contractually obligated to maintain, while contractors may be liable for accidents that occur as a result of their failure to properly treat walkways, clear snow, or perform their duties in accordance with their contract.

In some cases, the liability can be shared. For example, if both the property owner and contractor failed to take reasonable precautions, such as salting the walkways or clearing snow promptly, both parties could be found partially responsible for an accident. This shared liability can complicate matters for both property owners and contractors, as it becomes necessary to determine who contributed to the hazardous condition and to what extent.

To avoid such complications, property owners should establish clear contracts that define the roles and responsibilities of both parties. Contractors, on the other hand, should ensure they have proper liability insurance and documentation to protect themselves in case of an accident. Regular communication between the property owner and contractor about weather conditions, salting schedules, and snow removal efforts can help avoid misunderstandings and reduce the likelihood of disputes.

Key Considerations for Property Owners

While contractors can take on the responsibility for snow and ice removal, property owners in Buffalo should not abdicate all responsibility for the safety of their premises. It is crucial for property owners to remain proactive in managing the risk of frozen walkways, especially as weather conditions change.

Here are some key steps Buffalo property owners should take:

1. Hire a Reputable Contractor: Ensure that the contractor has experience and a solid reputation in snow and ice management. Check references and ensure they have appropriate liability insurance to cover any accidents that may occur.
2. Set Clear Expectations: Define the scope of the contractor’s duties in a written contract, including specific tasks such as salting, sanding, and plowing. This helps avoid misunderstandings about who is responsible for what.
3. Monitor Weather Conditions: Even if a contractor is responsible for snow removal, property owners should monitor weather forecasts and be prepared to take action if ice forms unexpectedly.
4. Be Proactive About Safety: Don’t wait for an injury to happen. Be proactive in making sure walkways and driveways are treated for ice during the winter months. This may include salting or sanding walkways between scheduled plowing sessions.
5. Notify Tenants and Visitors: If icy conditions are expected and removal hasn’t occurred yet, post signs or take other measures to warn tenants, visitors, and guests about the potential hazard.

Steps Contractors Can Take to Minimize Risk

Contractors hired to manage snow and ice removal have their own set of responsibilities to ensure the safety of the walkways and avoid liability for accidents. Contractors should take the following steps:

1. Clearly Define Responsibilities: Contractors should ensure the property owner understands exactly what tasks will be performed and when. This includes salting, sanding, and plowing at the appropriate intervals.
2. Use the Right Materials: Contractors should ensure they use the proper materials, such as rock salt or sand, to effectively treat icy surfaces. Some materials are better for certain conditions, so contractors should use their expertise to choose the best product for the situation.
3. Communicate Regularly with Property Owners: Keep property owners informed about the status of snow and ice removal. If weather conditions change or if there are issues with equipment or materials, contractors should inform property owners as soon as possible.
4. Follow Legal and Industry Standards: Contractors should be aware of any local ordinances or industry standards for snow and ice removal and follow these regulations to ensure they meet their legal obligations.
5. Document Work Performed: To protect themselves from liability, contractors should document their work, including the time they spent salting or plowing, and take photos if necessary. This documentation can be used to defend against any claims of negligence.

Protecting Yourself from Liability

Frozen walkways in Buffalo present a significant liability risk for both property owners and contractors. While property owners have a legal duty to maintain the safety of their premises, they can transfer some of this responsibility to contractors. However, clear communication, well-drafted contracts, and diligent snow and ice management are key to ensuring that both parties meet their obligations and minimize the risk of liability.

Whether you’re a property owner or contractor, understanding the shifting responsibilities for maintaining safe walkways is crucial. If you’re unsure about your rights or obligations, it’s essential to consult with an experienced attorney to ensure you are adequately protected.

At Friedman & Ranzenhofer, PC, we can help you navigate these complex legal issues and protect yourself from potential lawsuits related to snow and ice removal. Contact us today to learn more about how we can assist you with your legal needs this winter season.

To learn more about this subject click here: Premises Liability: Understanding Property Owner Responsibilities in Buffalo