As we head into February, we are reminded that we still have a lot of winter left in southeastern Pennsylvania. One of the greatest challenges is predicting the winter weather. Even with the best technology and weather models, meteorologists cannot fully predict storms as they form and evolve.
Property managers and snow removal contractors rely on these forecasts while planning for clearing walks, steps, roadways, and parking lots in the communities they serve.
There are times when the forecast changes quickly or is altogether off and a forecasted event does not occur as predicted. How can a homeowner or association board justify spending money on having surfaces treated if the weather turns to rain or remains dry despite the forecast? This question arises often after crews have been out to pre-treat surfaces and the weather has taken a different turn. Some boards or homeowners have wanted to make the call whether the crew should be dispatched or not. This idea is ill-advised and could end up costing the homeowner or association more money in the end.
At Del Val Realty & Property Management (Del Val), the property managers are in contact with the snow crews before, during and after every winter event. We carefully monitor the various weather models and are aware of when the crews are out pre-treating and clearing the properties we manage. We vett and contract with fully licensed and insured snow removal contractors and rely on them to go out and clear the snow and ice to ensure safety for our communities and residents.
- Del Val is also tasked with protecting the community and homeowners from costly lawsuits which will result from slip and fall accidents. While Homeowners Associations and their boards carry liability insurance, that insurance should only be used as a secondary line of defense against a lawsuit. The first line of defense is proper preparation.
- The snow removal contractor’s insurance will be the primary insurance for lawsuit cases. This will not be the case if the association directs the snow contractor not to treat.
During my 10 years of property management, I have handled several slip and fall cases. The first question asked of me is usually “is the snow clearing on demand, meaning that I or the homeowner have to call for service?” Once it is established that the full responsibility lies on the snow contractor, the case shifts to the contractor and their insurance company. Side note: for most slip and fall cases, negligence must be proven. If the snow contractor has written or photo documentation that they treated and cleared the area properly, usually the plaintiff’s case is either dismissed or the contractor’s insurance company settles the case for a lot less money than was sought.
- Liability is the number one reason that Del Val only contracts with insured contractors for the communities we manage. This protects the communities and homeowners on multiple levels. I am familiar with a case where a community’s insurance company dropped them because they had two slip and fall cases during the previous few years, and they were not using a properly insured contractor. Their liability insurance payout was close to $300,000…most of which was for legal and court fees (very little went to the injured parties).
Financially, it makes sense to spend money to pre-treat a winter storm event which may end up being a dud…. rather than costing tens of thousands of dollars in a lawsuit while risking premium hikes or even loss of insurance. Del Val is here to help and always has our communities’ best interests in mind.
Be safe out there and let’s hope for an early spring.