When Retailers Use Third-Party Snow Contractors: Why Responsibility Still Falls on the Store

A recent case highlights a common misconception in winter slip-and-fall incidents. A customer slipped on snow and ice in a big-box store’s parking lot. The retailer blamed its third-party snow contractor, arguing the contractor failed to clear the lot and therefore the store wasn’t responsible.

But in retail operations, hiring a contractor does not remove the retailer’s duty to keep the property safe.

1. The Duty Doesn’t Transfer

Retailers can outsource snow removal, but they cannot outsource responsibility. They still:

• Control the premises through the lease

• Invite customers onto the property

• Set safety expectations for vendors and store teams

• Must ensure hazards are addressed before opening

Delegation is not a defense.

2. Winter Weather Requires Oversight

Industry standards require active monitoring, even when contractors are involved. Stores should:

• Track contractor arrival and completion

• Inspect exterior conditions before opening and throughout the day

• Communicate with contractors when treatment is inadequate

• Take interim measures if hazards remain

If no one verifies the work, conditions can remain dangerous.

3. The Lease Strengthens the Obligation

Even if a landlord hires the contractor, the retailer’s internal policies still require them to confirm customer areas are safe. Most retailers perform morning exterior inspections for exactly this purpose.

4. What Attorneys Should Request

Key documents often reveal whether the retailer exercised proper oversight:

• Contractor service logs

• Store opening checklists

• Weather-related communications

• Photos and incident reports

• Policies and training on snow/ice management

• Lease provisions for exterior maintenance

These materials show whether the store relied blindly on the contractor or actively managed conditions.

Bottom Line

Third-party vendors can perform the work, but the retailer must verify it was done. The obligation to maintain safe conditions remains with the store.

You can hire a contractor —but you can’t hire away your responsibility.