Don’t Let Liability Lurk in the Snow: Managing Risks of Snow Removal
When winter weather strikes, snow removal is essential, but it comes with a unique set of risks. Contractors and property owners face liability not only during the snow removal operations but also afterward, when hidden hazards like ice patches can cause injuries or vehicle damage. Let’s explore some of the risks of snow removal operations to highlight the main risks and how to mitigate them.
DURING SNOW REMOVAL
Snow removal can involve heavy machinery, slippery surfaces, and interaction with vehicles, structures, or landscaping. Key risks include:
- Physical Health Risks: Shoveling heavy snow can lead to fatigue or even cardiac events, especially in freezing weather or during prolonged snow events. Poor lifting techniques can cause back, shoulder, or knee injuries. Ice under snow or on clear surfaces can lead to accidents.
- Environmental & Property Risks: Using metal shovels or aggressive snow blowers can scratch concrete or asphalt as well as damage roofs and gutters if removing snow from the roof. Rocks, curbs, or landscaping buried under snow can damage equipment or cause injury. Improper snow placement can block water flow and create ice dams.
- Equipment Risks: Snow blowers can clog or break if used improperly. Gas-powered equipment poses fire and carbon monoxide risks if used in enclosed spaces.
- Weather-Related Risks: Extended exposure to cold without proper gear can cause frostbite or hypothermia. Snowstorms can reduce visibility, increasing accident risk.
- Liability Risks: Breaking the law – some municipalities prohibit dumping snow on roads or neighboring property and require the removal of snow within a set time period. You could be liable for accidents on cleared surfaces.
HOW TO MANAGE THESE RISKS
Commercial Snow Removal (paid)
Clear contracts with disclaimers and indemnities addressing damage and ice hazards. The contract should clearly define the responsibilities of the parties.
- Review your insurance:
- Commercial auto– be sure to disclose plowing operations on applications or you risk denial of a claim due to misrepresentation.
- General liability– beware of a snow removal exclusion and make sure your policy includes completed operations coverage, preferably using ISO form CG 22 92 Snow Plow Operations Coverage or similar.
- Document your work (preferably with video): Include date, time, areas serviced, and material used (ice melt/salt).
- Winter hazard mitigation: Apply de-icing treatments and place signage. Decide in advance where snow will be dumped or piled away from traffic and pedestrians.
Personal Snow Removal (e.g., driveway or helping family/friends)
- Do not accept compensation. Once compensation enters the picture—even reimbursement for fuel—insurers view it as a business use. Personal policies often exclude these activities, denying coverage entirely.
- Personal auto policies: You can often add a plow to your personal auto policy to cover physical damage to your equipment, but liability for damage to others’ property typically requires a separate general liability and bodily injury endorsement.
- Homeowners’ policies: Most standard homeowners’ policies include liability protection if someone slips or gets hurt during your snow removal on your own property. But if helping a neighbor—even unpaid—it may not cover damage caused while on their property. Damage to customer property or accidents involving compensated plowing could lead to denied claims or policy cancellation.
- Consult your agent. Review options for separate liability insurance while removing snow on other property.
AFTER SNOW REMOVAL
Just because the snow is removed doesn’t mean risks have disappeared. Here’s what you need to watch out for once you have left the premises:
- Slip-and-Fall Injuries: Residual ice or uneven melting, especially in shaded areas, can be a hidden hazard. One of the biggest concerns with slip and fall injuries is melting and refreezing. Visitors or clients stepping into these zones may slip, fall, and sustain serious injuries. Property owners and contractors both have a duty of care to remediate icy patches promptly. Failure can lead to liability lawsuits.
- Post-Snow Removal Auto Accidents: Leftover ice or snow can cause vehicles to skid or crash even after snow removal is done. These incidents are typically not covered by auto insurance, as they often stem from property conditions requiring completed operations under general liability policies.
HOW TO MANAGE THESE RISKS:
- Completed Operations Coverage protects claims arising from accidents after the work is completed, such as slip-and-fall or vehicle damage due to ice.
- General Liability supports third-party injury and property damage claims.
- Ensure Auto Policies include coverage for plowing equipment and business use.
IN CONCLUSION
Snow removal isn’t just about clearing a path; it’s about responsibly managing operational impact and carefully preventing residual risk. Consult with your independent insurance agent on how insurance can provide protection for your snow removal activities.
For commercial snow removal, combining coverage during snow removal – Commercial Auto for vehicle collisions, General Liability for client property and bodily damage, and Completed Operations Liability for post-snow removal hazards, you can shield your business from significant financial exposure.
For personal snow removal, avoid accepting any form of compensation. Contact your agent to be sure your snow removal equipment is covered for physical damage on your Personal Auto Policy and review options for securing Liability Insurance for bodily injury or property damage to third parties during and after snow removal.
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