Saving your business a headache: Slip-and-fall prevention tips for the winter season

It’s that time of year again, and no – we don’t mean the holidays. ‘Tis the season to prepare your business for snow and ice.

Nearly 654,000 reported emergency department (ED) visits last year were the result of unintentional falls, which accounted for nearly a third of all reported ED visits for trauma and injury. As a business with a physical space like a storefront, warehouse, or office taking action to prevent costly lawsuits is a must. Here’s our tips.

If your business has a physical location, generally you are responsible for clearing away snow and ice from walkways, parking lots, and other areas. There are some exceptions. 

For example, if your business is renting the space that you operate out of, and your lease states that the landlord takes care of snow removal, then that responsibility falls on them. If anything happened to a third-party (a delivery person, shopper, client, or passerby) because the snow and ice wasn’t properly cleared, your building’s landlord could be sued. 

However, most businesses are responsible for maintaining the walkways outside of their buildings. If snow and ice aren’t cleared from a walkway and someone slips and falls, the business will almost always be the one paying up. 

As for parking lots, the property owner is responsible for snow removal or for hiring a snow removal company. If it’s a multi-business parking lot, then the lease would specify the responsibilities for each rented unit. And if a slip-and-fall does occur, businesses are required to report the incident to their insurance provider immediately.

Every business aims to create a smooth and pleasant experience for their customers, from the moment they arrive to the second they leave. But visits to your building can be a little more hazardous come winter. 

To protect your customers (and your business against costly suits) we have some tips for you:  

Many commercial property insurance policies will have a clause which requires businesses to have a snow removal contract in place. This contract ensures that a snow removal company clears walkways and does de-icing on a regular basis. Many insurance companies will require you to keep logs of when snow was removed, and it’s usually recommended to have your property cleared as soon as possible after it snows.  

It’s also a bylaw in many Ontario cities that businesses must clear walkways within 24 hours after it finishes snowing. Cities like Toronto have even shorter windows – usually 12 hours.  

While having a third-party responsible for your business’s snow removal ensures a safe walkway, some policies will permit businesses to take on their own snow removal. “In some instances, businesses can take on this responsibility themselves, but we usually don’t recommend it – especially if you’re located in a high-traffic area,” said Jake Hovinga, Commercial Lines Manager at Mitch Insurance. “Hiring a snow removal contractor comes with a cost, but the onus for any snow and ice-related slips falls on that company. If you handle your own snow removal, it increases your liability and you’ll also be responsible for keeping your own logs.”

“Although there’s no insurance discount for using a snow removal company, it’s a good practice and helps protects you and your business. You’re also responsible for clearing your property when your business is closed (evenings, weekends, holidays, etc.). Having a snow removal company manage this means one less thing to worry about.”

And as you’re liable for clearing your property even if your doors are closed, snow removal companies may even be brought on to do removal when the business is not in operation. This includes over weekends, during holidays, etc.

During winter, outdoor and indoor mats and rugs can quickly become soaked as snow and ice fall off people’s boots and melt. Wet mats can become a hazard very quickly, so you’ll want to ensure that they are replaced with dry ones and that they’re properly secured to the floor to avoid a mishap.  

Keeping a sand or salt box on your premises is also a good way to remove ice from your walkways and reduce the risk of people slipping and falling.  

If your business sees a heavy amount of foot traffic, your floors can quickly become damp in the wintertime. This can also happen with regular cleaning, mopping, etc. It’s important to mark any wet areas on your floors to indicate where customers or even window shoppers may be at risk of slipping. If you’ve experienced flooding or an area in your business is especially hazardous, block it off entirely. 

Ensuring that water isn’t pooling around your business’s exterior is key to preventing it from later freezing and becoming a hazard. Over time, this water can also damage the foundation of your building as it freezes and melts. 

As a business owner, you’ve got a lot to juggle. Ensuring that all your staff members know how to keep your walkways and business safe is key to having “all hands-on deck” when it comes to your business’s overall security.  

Sometimes, accidents happen. When they do, it’s important that you keep track of everything that occurred to avoid details being blown out of proportion in a potential future lawsuit. Make sure your staff are aware that all incidents need to be documented and ensure there’s a procedure for them to follow. Be sure to also report any incidents to your insurance company as soon as possible.  

Never offer a settlement upfront. This is admitting fault, and it can take away an insurance company’s right to defend you. A person has up to two years to sue for a slip-and-fall claim in Ontario, so be mindful of this if you think an accident has been “forgotten about.”  

Winter is wrought with potential exposures, and Canada tends to see the worst of the snow, ice, wind, and hail. Being proactive by purchasing insurance and taking the right measures to ensuring your store is a safe place to go can help mitigate future claims.

As a business with a physical storefront, like a retail store, warehouse, commercial rental property, office, – or anything in the mix – having insurance is a surefire way to protect yourself as you focus on growth and customer experience. Give Mitch Insurance a call so we can handle the insurance while you focus on growing the business side of things.