Liability Risks for Businesses Rise in the Winter - are you Proactively Prepared?

December 3, 2025

Whether we like it or not, here in New York, winter is coming. With it will come a rise in lawsuits and legal actions related to the harsh weather and wintery conditions. Slip and fall accidents, property damage, and employee injuries can all result in costly lawsuits if proper precautions are not taken. Understanding the legal obligations under New York law and taking proactive steps, can help at least mitigate some of the risk business owners face.

 Slip and Fall Claims

One of the most common winter-related lawsuits in New York is slip and fall claims. Under New York premises liability law, business owners have a duty to maintain reasonably safe conditions for customers, employees, and visitors. This includes clearing snow and ice from walkways, entryways, parking lots, and steps.

Failure to promptly and effectively remove snow and ice can result in serious injuries and even death. If a businessowner lawsuits. New York courts often hold property owners and businesses liable when they fail to act within a reasonable time after a storm ends, particularly if the hazardous condition was foreseeable.

Snow Removal and Ice Melt Application

Inadequate snow removal is one issue—but improper removal can also create liability. For example, piling snow near entrances where it later melts and refreezes can create black ice hazards. Similarly, using the wrong type of de-icing agent (or not enough of it) may fail to address slippery conditions, exposing the business to claims of negligence.

Injuries from Falling Ice or Snow

Businesses with awnings, sloped roofs, or high-rise properties may also be liable for injuries caused by falling ice or snow. Property owners are expected to monitor and remove overhanging snow and icicles when they pose a foreseeable risk to pedestrians or customers below.

Workplace Injuries and OSHA Violations

Winter weather can create dangerous working conditions for employees, especially for those in construction, retail, hospitality, or delivery services. Slippery surfaces, poor visibility, and exposure to extreme cold can all lead to work-related injuries.

Employers must comply with OSHA standards, including providing appropriate winter gear, maintaining clear egress routes, and ensuring safe use of snow removal equipment. Failure to meet these standards can lead to both lawsuits and administrative penalties.

Property Damage and Insurance Disputes

Winter storms can lead to roof collapses, burst pipes, and water intrusion. While property insurance is designed to cover such incidents, claims can be denied if the insurer believes the business failed to take reasonable preventative steps—like maintaining heat levels or fixing known structural weaknesses.

Disputes over coverage often arise in the winter, making it critical that business owners understand their policies and document all maintenance efforts.

It is also critically important to post visible signage warning of slippery conditions when needed. Use floor mats and wet floor signs near entrances and ensure they are regularly changed or dried. Encourage employees to report hazards immediately.

It is also a good idea for everyone to periodically review their insurance policies, and this is especially true for business owners. Before winter hits, meet with your insurance broker to review things like your general liability policy limits and whether or not it makes sense for you to carry business interruption insurance in case of storm-related closures.

Understand what’s covered, what’s excluded, and how to file a claim properly.

The bottom line is this: it is impossible to prevent every accident or incident that may negatively impact your business. What you can do is be proactive and minimize the exposure your business could face in the event one of these types of situations occurs.

 If you have questions about your responsibilities or need assistance reviewing contracts, insurance policies, or risk management strategies, our experienced team of attorneys is a phone call away.

Joseph de Perio is an Associate Attorney with Gross Shuman P.C. He focuses his practice in the areas of corporate law and commercial real estate. He can be reached at 716-854-4300 ext. 265 or [email protected]