Don’t leave your bottom line on thin ice this winter. Here’s how to keep customers and employees safe in freezing conditions.
Key takeaways:
- New York businesses have a Duty of Care to everyone on their premises.
- New York law requires businesses to have liability insurance and workers’ compensation to address injury claims.
- Regular shoveling and ice-melt strategies can limit winter slip-and-fall business liability.
Surprise surprise: New York has already been hit by the coldest air in the nation this December, with temperatures in some areas sinking to -18 degrees. Statewide, snowfall is predicted to exceed last winter’s with the potential for a mix of snow and rain.
It’s the perfect storm for ice and a big risk for businesses, particularly small ones. Retail shop owners, restaurant operators, and more must prepare through best practices and by having the snow and ice business insurance NY businesses need to protect shoppers, staff, and bottom lines.
That isn’t just responsible business ownership; it’s required to comply with state law. This article offers practical tips on limiting winter slip-and-fall business liability, and explains how general liability insurance can help cover different claim expenses.
Why Winter Slip-and-Fall Risk Is a Serious Issue for New York Businesses
The harsh winter weather New York suffers creates dangerous walking conditions outside businesses which extend inside where wet foot traffic primes floors and stairs for accidents.
That’s why slip-and-falls are among the most common causes of liability claims for small businesses, and why snow and ice business insurance NY is so essential.
Additionally, businesses have a Duty of Care to anyone on their premises under state law. ‘Premises’ can include:
- Sidewalks.
- Entryways.
- Parking lots.
- Exterior stairs.
To limit winter slip-and-fall business liability, owners must clear snow and ice from all areas of their premises within a reasonable amount of time. What a “reasonable” amount of time is isn’t always clear, so act quickly.
Understanding Winter Slip-and-Fall Business Liability in New York
Being informed about snow and ice business insurance NY isn’t just about preventing accidents. It’s also about protecting businesses from hefty liability claims connected with even minor injuries.
Relatively low-level incidents like twisted ankles or sprained tendons aren’t as impactful as broken bones but such claims might still consist of medical bills, legal fees, lost wages, and pain and suffering.
Those cumulative costs can be huge even if the third-party claimant isn’t inconvenienced for long, and the knock-on financial effects don’t stop at the injuries.
The Real Cost of Slip-and-Fall Claims
Winter slip-and-fall business liability is big business by itself. The average cost of a New York claim varies based on the injury:
- Minor injury claims can range from $10,000 to $50,000.
- Moderate ones from $50,000 to $250,000.
- Major ones from $250,000 to over $2 million.
And that’s before attorney fees get involved. Having an umbrella policy can be a great financial backup for snow and ice business insurance NY. Here’s how they essentially work, but make sure you get one specifically for commercial purposes.
In some cases, your business might be spared the full expense of a slip-and-fall claim if comparative negligence can be established. This is where the person filing the claim may have been texting while walking (thus missing the hazard) or wearing footwear inappropriate for the conditions.
Ultimately, the degree of fault a business shares in a claim isn’t what’s foremost on insurers’ minds. The fact a business is liable at all is what matters, and this might increase its premiums.
Practical Ways Businesses Can Reduce Winter Slip-and-Fall Risk
Some work on and investment in your premises goes a long way toward reducing and even preventing injuries. It also strengthens your case should any liability claims occur. Make the following best practices part of your business strategy:
- Add exterior lighting to improve visibility.
- Quickly shovel your entire premises clear after snowfall, regardless of foot traffic volume in that area.
- Apply sand, salt, or ice melting products to help prevent refreezing.
- Use slip-resistant mats at entrances to manage tracked-in weather.
- Clearly position signs and erect barriers around hazards yet to be resolved.
Lastly, don’t forget to document your snow and ice removal and other damage mitigation efforts so your insurer has a record of them. This limits your winter slip-and-fall business liability by proving that you took reasonable care to avoid accidents.
How General Liability Insurance Protects Your Business
General liability shouldn’t be confused with professional liability if you want to keep your business covered against slip-and-fall claims, because only general liability pays out when customers or visitors are injured on your premises.
Don’t forget that winter slip-and-fall business liability usually always involves legal professionals on both sides. General liability also covers legal defense costs, settlements, or court judgments tied to slip-and-fall claims.
The big takeaway here is that general liability isn’t just essential business coverage for retail stores, restaurants, offices, and service-based businesses operating in winter conditions. It’s central to complying with New York state law.
What Snow and Ice Business Insurance in NY May Not Cover
Winter weather covers everything, but that’s not always the case with business insurance. Owners may find their claim denied if the insurer can conclusively demonstrate that the business was neglectful or failed in its duty to properly manage known hazards.
Employees injured on the premises aren’t typically covered under business insurance general liability. Instead, their claim would have to be settled via workers’ compensation. If you don’t have that, get it, because it’s another legal requirement under state law.
Some policies may have exclusions or sub-limits without proper endorsements that can affect how claims are processed and settled. Speak to a New York insurance provider who’s experienced in winter slip-and-fall business liability coverage and they’ll make everything easier to understand.
How NICRIS Helps Small Businesses Prepare for Winter
Assessing your vulnerability to slip-and-fall isn’t as simple as just looking out of the window. That’s why our experts help New York business owners assess their business liability exposure on paper so it doesn’t become a problem on the pavement.
Our policy reviews help ensure your general liability limits fit your business’ foot traffic and comfortably match your risk level. Schedule an appointment or drop us a line for more guidance on snow and ice business insurance NY and spotting potentially expensive coverage gaps.