Think of each annual cycle in the snow services profession as a story. The way you tell your story will determine how vulnerable you are to lawsuits that could cost you and your business significant amounts of money. Like any story, there is a beginning, a middle and an end – all of them important in determining how the story turns out.

Beginning: Preseason

All the work you do before the season – from contracts to site planning to training – sets the tone for your story. Performing and documenting these important items will help close any plot holes once the season starts.

Contracts / subcontracts. Have a current, written contract with each customer. It is easy to let rollover contracts expire.

Site visits / site plans. The agreement should include an annual preseason site inspection report detailing the property and how it will be serviced. Each visit with a representative from the property and snow management company should include a review of:

• A detailed property drawing or picture (including current damage)
• Services to be performed
• Operating hours
• Potential risk areas
• Placement of snow piles
• Snow hauling timelines/procedures

Employee training documentation. Having the best training materials/presentations doesn’t do any good if you can’t document what was shown to whom and when.

In addition to equipment and safe operations training, educate employees on how to document when the customer handles a portion of the mitigation that may impact areas of the contractor’s responsibility. For example, if a retailer handles sidewalk clearing but pushes the snow off the edge/curb into the lot or between the walk and the tire stops, that snow placement could impact the parking lot’s condition when there is melt/refreeze. Identify, discuss and document who is responsible for rectifying that scenario. Document if the established protocol is not being followed.

Middle: during the season

Winter services are action-packed … and where many pitfalls lie. Unclear or missing documentation will almost certainly cost you if a lawsuit is filed.

Weather services. Use a professional weather prediction service and maintain the data. Document and place it in a folder organized by customer, location or ZIP code. Part of the story is to explain why your company did (or did not) service the site.

Customer communications. Document and save all communications between your company and the customer during an event. There are many modes of communication. Determine who will maintain the documentation and how. Texts not captured will not support your story of what transpired. Take photos or screenshots and email them to the office. Consider establishing a designated email for customer communications or using cloud-based storage.


In-event documentation. Following the 5 "Ws" (who, what, where, when and why) will result in a comprehensive retelling of the event. In-event documentation should include:

• Arrival and departure time of crews
• Who serviced and/or was on the site
• Property conditions (this works in conjunction with your weather data)
• Services that were performed
• Areas serviced and not serviced. For example, if you have a contract to clear a retailer’s parking lot that is closed overnight but a restocking crew is parked in the lot, document and/or take a photo.
• Incidents that may have occurred

Site monitoring. A site inspection during and/or after an event should answer these questions:

• Are the crews doing their jobs?
• What does the site look like once they are done?
• Do they need more training?
• Do they need another walk-through to understand what they are not doing correctly?
• What were their struggles?
• What worked well?
• What did they notice?

Melt and refreeze. Determine how melt and refreeze will be handled since these conditions can continue for days or even weeks. Use your documentation processes and/or technology for a check-in/site inspection at no charge if included in your pricing. Site inspections provide documentation. Determine who will monitor the weather and the site to determine the need for services. Even if the contractor is not responsible for melt and refreeze, they could initially be included in a lawsuit.

End: complete the season

The final chapter should reveal whether your documentation will tell a complete story. Perform a postseason analysis by checking with inside operations to see how effective the written documentation was and if it was legible, complete and appropriately filed. If using technology, determine whether the complete story has been captured and the app has worked well. Postseason follow-up includes:

• Review contract to determine what worked well and what didn’t.
• Visit the site to inspect for damages and pulling stakes/markers.
• Review the site map to note any site issues/nuances.
• Communicate with the customer to determine what worked well or didn’t for them.

Don’t miss the opportunity to tell your story – beginning, middle, end – in order to defend you and your business from a slip-and-fall lawsuit.

Lisa Rose, CSP, is a partner in Allin / Rose Consulting, Inc., in Erie, PA. She is a consultant to snow and ice management companies, property owners, property managers, and assesses litigation cases for plaintiff and defense attorneys. Contact her at lisa@allinrose.com.