Snow removal contractors remain heavily exposed to slip-and-fall claims, according to Brian Mahoney of SWG Specialty (pictured).
Mahoney, commercial lines manager at the firm, said it typically provides commercial general liability (CGL) and property cover to snow removal firms, with third-party bodily injury still dominating their loss picture.
“Slip and fall liability, third-party bodily injury claims from slip and falls – that’s their biggest exposure,” he said. “There’s a high frequency with some snow removal contractors. Given the nature of the work, it can be challenging for many snow removal contractors to remain entirely claims-free.”
The risk arises after work is completed, he noted. Even where contractors have cleared a site, such as a big‑box parking lot, it is impossible to eliminate every patch of snow or ice. When someone falls, the snow contractor is likely to find itself in the frame alongside the occupier.
Under the CGL, Mahoney said, policies are designed to respond to completed operations – bodily injury and third-party property damage linked to the work carried out. That includes claims where a plow or other equipment hits a curb, bollard or fixed structure. On the property side, policies commonly include a contractor’s equipment floater, and can be extended to office contents and even buildings if the insured owns its premises.
Some exposures fall outside the scope. Mahoney pointed to “pure performance guarantees” written into contracts: promises that a contractor will meet a certain standard or service level.
“If they provided a contractual performance guarantee, and the insured’s client claimed the insured did not perform as they promised, that’s not something that would be covered under the CGL policy,” he said.
Undeclared subcontractors are another pressure point. If a subcontractor performs the work that leads to a loss and was not disclosed, there is a risk that cover may not respond as expected.
Beyond the policy wording, broader trends are pushing losses higher. Mahoney said he has seen “increased litigation” over his roughly 15 years working with snow risks, as well as inflation driving up settlement values.
“In Ontario, there was a big change in 2021 with the amendment of the Occupiers Liability Act,” he said. “It only allows the claimant 60 days to provide written notice of a slip and fall incident to the property owner or snow removal contractor.”
There are exceptions, but the default rule compresses the notice window, making early incident reporting and record‑keeping more critical for defence. Contractors who do not know about a fall until long after the fact may be at a disadvantage in reconstructing events.
Mahoney said one of the most common weaknesses he sees is inadequate documentation. Basic details such as when crews arrived, what they did and when they left are sometimes not recorded, or are recorded inconsistently across sites and operators.
“One common shortcoming is poor or nonexistent logging documentation, such as failing to log when snow was cleared or what time crews left a location,” he said.
With smartphones now ubiquitous, more contractors are beginning to use photo evidence to support their logs, but practices remain uneven. Mahoney argued that systematic logging – including timestamps and images – is one of the most effective tools contractors have when they face a claim months or years after the event.
Contract terms are another area where he would like to see more discipline. He urged snow contractors to have their agreements with property owners reviewed, ideally by a lawyer, before signing. Clauses such as hold‑harmless provisions and waivers of subrogation can shift substantial liability onto the contractor if not understood and managed.
“If they work with subcontractors, it’s important to ensure the subcontractors have CGL coverage in place,” he added. “And any incidents should be reported immediately.”
For brokers, the message is similar. Helping clients understand where CGL stops – particularly around performance guarantees and contractual assumptions – and where robust documentation can materially improve their position in a dispute, is becoming part of the advisory role.
Despite the legal change in Ontario and growing awareness of risk, Mahoney does not expect slip‑and‑fall exposure to recede.
“A contractor might only face one claim in their career,” he said, “but it’s difficult to avoid claims in snow removal, because slip-and-fall incidents do happen.”
