When snow removal companies fail to perform their duties properly after a storm, they may be held liable for accidents or injuries that occur due to their mistakes. Understanding how liability works under Pennsylvania law can help property owners and businesses avoid costly litigation or claims. This post explores how liability is determined in the context of snow removal services, particularly in cases involving negligence, improper procedures, or failure to follow local ordinances.
Snowstorms in Pennsylvania can be a beautiful sight, but they bring significant responsibilities for property owners and businesses. When snow removal contractors fail to perform their tasks correctly, it could lead to hazardous conditions such as icy walkways, unsafe parking lots, or impassable roads. In such cases, the question of liability arises—who is responsible for the injuries and damages caused by these failures? Gibson & Perkins, PC, a leading law firm in Pennsylvania, has extensive experience in handling liability issues involving snow removal, and we understand the complexities property owners face. This guide explains how liability works in snow removal scenarios and what property owners can do to avoid legal pitfalls.
Understanding Liability for Snow Removal: 
- Negligence and Snow Removal Responsibilities
Snow removal companies are hired to ensure that walkways, driveways, and roads are cleared of snow and ice after a storm. However, failure to meet the standard of care expected from these contractors can lead to liability for accidents that occur due to their negligence. Under Pennsylvania law, property owners are generally not responsible for accidents caused by snow and ice when they have hired a professional to perform the work. However, if the snow removal company fails to fulfill its duties, liability may shift to them.
A contractor might be considered negligent if:
- They fail to remove snow from areas that pose a risk to pedestrian or vehicular traffic.
- They neglect to apply salt or ice melt on walkways or driveways.
- They don’t remove snow or ice within the time frame required by local ordinances.
For example, if a walkway is left icy for several days after a snowstorm, and a visitor slips and falls, the injured party might file a claim against both the snow removal company and the property owner, depending on the circumstances of the contract between the two.
I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.
Professionalism is the Word
I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
Very Satisfied
- The Role of Contracts in Shifting Liability
The terms outlined in the contract between a property owner and a snow removal company play a significant role in determining liability. These contracts often specify which party is responsible for accidents caused by improper snow removal.
A snow removal contract may include:
- Specific instructions on when and how snow should be cleared.
- Whether the snow removal company is responsible for salting walkways and clearing ice.
- The timeline for snow removal after a storm.
In most cases, if a property owner has hired a snow removal contractor with clear terms in the contract that assign responsibility for clearing snow and ice, the contractor is liable for any issues related to their work. However, property owners must be careful when drafting contracts and ensure that they are in line with local snow removal ordinances.
- Local Ordinances and Their Impact on Liability
In Pennsylvania, municipalities often require property owners to clear snow and ice from their property within a specific timeframe after a storm. Failing to adhere to these ordinances could result in fines or increased liability in case of an injury. In situations where a snow removal company is hired, the property owner may still be held responsible if the contractor fails to comply with the law.
If a snow removal contractor is hired, but fails to follow local ordinances—such as clearing snow within the required time or salting a walkway—the property owner might be drawn into litigation. A property owner can be held liable for injuries if the snow removal service neglects to meet local requirements, especially when the homeowner has been made aware of the legal expectations.
- Contributory Negligence in Snow Removal Claims
Pennsylvania follows a comparative negligence standard. This means that if both parties are found to be at fault for an accident, the court will assign a percentage of blame to each party. In cases involving snow removal, if an injury occurs, both the snow removal company and the injured party might share liability depending on the specifics of the situation.
For instance, if an individual slips and falls on a walkway that wasn’t salted, but they were wearing inappropriate footwear for icy conditions, the court might determine that the injured person shares a portion of the responsibility for the accident. The snow removal company might be liable for not salting the walkway, but the injured party’s negligence in not wearing proper shoes could reduce the compensation they are entitled to.
After an Accident Determining Compensation of an InjuryRelated Videos
- Preventing Liability: Best Practices for Property Owners
To minimize the risk of being held liable for injuries related to snow and ice, property owners should take several steps to ensure their snow removal practices are effective and in compliance with the law. Here are some best practices to follow:
- Hire a Professional Snow Removal Service: Ensure that the snow removal company is licensed and insured, and that they follow local ordinances.
- Review Contracts Carefully: When hiring a snow removal company, ensure that the contract clearly outlines the company’s responsibilities, timelines, and legal compliance with snow removal ordinances.
- Inspect the Work: After a snowstorm, inspect the areas that have been cleared to make sure they are safe and comply with the agreed-upon terms in the contract.
- Document Safety Efforts: Keep records of all actions taken to prevent accidents, such as salting walkways, clearing driveways, and applying ice melt. This documentation will serve as evidence should an incident occur.
- Maintain Clear Communication: Stay in touch with the snow removal company to ensure that all work is done as agreed and that any issues are addressed promptly.
- What Happens When Liability Shifts to the Snow Removal Company?
If a snow removal contractor fails in their duties and an injury occurs, the company could be held responsible for the damages. This includes situations where the contractor:
- Fails to properly clear a walkway
- Does not salt an area where ice accumulates
- Misses a deadline for clearing snow in compliance with local laws
If the snow removal contractor is found to be at fault, they may be required to compensate the injured party for medical expenses, lost wages, pain and suffering, and other associated costs. Property owners can protect themselves from lawsuits by ensuring that snow removal companies meet their legal obligations.
Property owners in Pennsylvania face a range of responsibilities when it comes to snow removal and ensuring that their property remains safe during winter storms. While snow removal contractors can help mitigate liability, mistakes made by these contractors may lead to significant legal challenges. Understanding the role of negligence, the impact of local ordinances, and the importance of clear contracts can help property owners avoid costly litigation.
For property owners concerned about potential liability or snow removal issues, Gibson & Perkins, PC is here to provide expert legal guidance. Our attorneys can assist in reviewing contracts, understanding local ordinances, and navigating liability issues related to snow and ice removal.