Snow, ice and liability for Michigan property owners
We are a contractor, not your lawyer. Here is what we can usefully tell you, and where you should be asking somebody else.
Residential and commercial are not the same question
A private residence and a property open to the public are treated differently, and the practical gap is large. A commercial property extends an invitation to the public, and that invitation carries a higher standard of care.
That distinction is exactly why commercial snow contracts run a 1-inch trigger while residential contracts run 2 inches. The extra visits across a season cost real money and are usually worth it against the difference in exposure.
The record is the product
Here is the operational reality that shapes how commercial snow should be bought. Claims almost never arrive during the storm. They arrive twelve or eighteen months later, through an attorney, and the question is always the same: what did the contractor do, and when.
If the answer is "we were definitely there", that is not an answer. If the answer is a timestamped log showing arrival at 4:12am, conditions on arrival, areas cleared, material applied and application rate, that is a defensible position.
| What a commercial log should record | Why it matters later |
|---|---|
| Arrival and departure times | Establishes response relative to when accumulation stopped |
| Conditions on arrival | Distinguishes ongoing event from post-event refreeze |
| Areas cleared | Shows accessible parking and entrances were prioritized |
| Material applied and rate | Demonstrates ice management was actually performed |
| Operator | Allows a witness to be identified a year later |
Ask any commercial contractor whether they keep these and how long they retain them. A surprising number keep nothing, and you find out at the worst possible moment.
Sequence matters, and it is checkable
Accessible parking spaces, the access aisle beside them, and the route to the entrance come first. Always, before general lot clearing.
A lot cleared efficiently with the snow pile dumped in the accessible aisle is both a compliance failure and a way to strand a real person. It is also exactly the kind of detail that appears in a claim file. We sequence accessible parking first on every commercial site and map it with the owner before the season.
The insurance question, concretely
Verify coverage rather than assuming it. Ask for a certificate of insurance naming your entity, before work starts. We carry $2,000,000 in general liability and $1,000,000 in workers compensation and will send one without being pushed.
If an uninsured contractor is injured on your property, that exposure can land on your policy. Hiring cheap can cost considerably more than the difference.
What we would tell a commercial owner to do in October
- Get the certificate of insurance and check the dates.
- Agree trigger depth and priority sequence in writing.
- Confirm logs are kept, and how long they are retained.
- Walk the site and mark snow storage before piles exist.
- Ask your own insurer what they expect of you — the one question a contractor cannot answer.
Detail on how we run commercial sites is at commercial snow and ice management, and the ordinance side for sidewalks is at sidewalk ordinances.
Questions people actually ask
Am I liable if someone falls on my sidewalk?
Possibly, and it depends on facts a website cannot assess — whether the property is residential or commercial, what the local ordinance requires, and the circumstances of the fall. Ask your insurance agent. We are a contractor, not your attorney, and anyone in this trade telling you definitively is overstepping.
Does clearing badly make me more liable than not clearing?
This is a persistent myth used to justify doing nothing. It is not a reliable reading of Michigan law and it is a poor basis for leaving a walk icy. Clear it properly.
Why do commercial contracts include service logs?
Because claims typically surface a year or more after the event, and the question becomes what the contractor did and when. A timestamped record of arrival, conditions, areas cleared and material applied is the difference between a defensible position and a settlement.
How long should service records be kept?
Longer than you think you need them. Michigan civil claim timelines mean an incident can surface well after the season ends. Ask any commercial contractor how long they retain logs — a surprising number keep nothing at all.
Does hiring a contractor transfer the liability?
Not automatically, and not entirely. It is one reason to verify a contractor carries real general liability coverage and to get a certificate naming your entity. An uninsured contractor does not reduce your exposure, they add to it.
What should a commercial owner do before the season?
Confirm your contractor's insurance and get a certificate. Agree the trigger depth and priority sequence in writing. Confirm logs are kept and retrievable. Walk the site and agree snow storage locations. All four before November, not during a storm.
Related guides
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Timestamped logs, accessible parking sequenced first, and a certificate of insurance before we start.