Snow and ice claims allege failure to remove or treat accumulations. Liability depends on whether the accumulation was natural or artificial, whether removal was undertaken, and in many states on whether the storm had ended.
Contractual snow removal arrangements affect responsibility.
Alternative Names:
Winter Weather Liability, Ice and Snow Claims
Why it Matters?
The continuing storm doctrine, which suspends the removal obligation while precipitation continues, is the most useful defense where recognized, and it makes weather records essential evidence. Snow removal contracts also shift responsibility, which introduces a third-party defendant and an indemnity analysis. Partial removal creating an artificial accumulation is the recurring failure mode, since a possessor who plows imperfectly may be worse off than one who did nothing.
Frequently Confused with
Related terms
Frequently asked questions
What is the continuing storm doctrine?
Why is partial removal risky?
