Liability
The fear of slipping, falling, and resulting injuries, along with liability concerns for tenants and visitors on your property, often leads to overuse of salt. Salt use does not ensure safety, and overapplication can create additional hazards when excess salt remains as loose crystals that reduce traction outdoors or are tracked inside, where it mixes with snow and water to create slippery entryways, mats, and floors.
To reduce liability from any source including winter maintenance, property managers should use reasonable care to prevent a person from being injured by conditions on the property, so long as those conditions present a foreseeable risk of harm. Reasonable care is defined as the degree of caution and concern for the safety of others that an ordinarily prudent and rational person would use in the circumstances. Liability may be created when there is failure to show reasonable care.
Liability can be reduced by having a written snow and ice policy, which may be a document you create or in a contract with a snow and ice contractor that defines what will occur when a winter precipitation event occurs. Follow the written policy and use best practices for snow and ice control. Document the conditions and work completed, including weather, pavement conditions, equipment calibration, staff training, and winter operations to show that the policy is being followed and that reasonable care is being used.
The State of New Hampshire has adopted the Green SnowPro Certification program, a limited liability program to provide contractors and business owners protection. Under legislation, any business owner who contracts for snowplowing and deicing with a Green SnowPro certified salt applicator has limited liability protection from damages arising from hazards caused solely by snow or ice and the failure or delay in removing or mitigating such hazards is the result of the implementation of best management practices for winter road, parking lot, and sidewalk maintenance adopted and published by the department of transportation and the department of environmental services. The certified applicator/contractor is a snow and ice management professional who has been trained and demonstrated proficiency with the New Hampshire Green SnowPro Program which provides training in efficient application of road salt while ensuring safety of the public. Similar legislation has been proposed several times in Minnesota and Wisconsin to accompany those states’ training and certification programs, but as of mid-2026 it has not passed.
Property managers can reduce liability by implementing a clear winter maintenance policy, consistently following that policy, and documenting all maintenance activities. Risk is further reduced by providing regular staff training, maintaining accurate records, and applying recognized winter maintenance best practices for snow and ice management.