As temperatures warm and snow starts to melt, many people assume winter’s dangers are finally over. No more black ice to slip on or heavy snow to pool on roof tops and in entrances. But in many cases, the most dangerous property conditions appear after the snow disappears.
That’s because the pretty white blanket of snow hides the damage quietly happening beneath. Freezing temperatures cause surfaces like concrete to contract, then they expand when the weather warms up, causing deep cracks and the lips between surfaces to grow. Freezing temperatures can also make metal more brittle, causing lighting fixtures and railings to falter, which makes parking lots and staircases more dangerous. Even drainage systems can fail because of the increased pressure from melting snow and ice.
Property owners are expected to fix these issues before they become hazardous to visitors. When they don’t, and they fail to warn visitors of the dangers, they can be held responsible for injuries.
Where You’ll Find Commercial Property Hazards
As you’re going about your day, look out for these dangerous winter property conditions:
- A cracked sidewalk outside a grocery store
- A dark parking lot where lights haven’t been fixed
- A loose railing in an apartment stairwell
- Water pooling near a store entrance
These hazards often appear at high-traffic commercial properties, including:
- Shopping centers
- Grocery stores
- Apartment complexes
- Parking garages
When is a Property Owner Responsible for a Fall?
Commercial properties like shopping centers and office buildings get hundreds or even thousands of visitors every week. That’s a lot of wear and tear that can cause materials to weaken quickly and dangerous conditions to form. To prevent hazards from lingering, commercial property owners are supposed to have maintenance systems in place to inspect and repair hazards quickly.
But these systems can fail. A property owner can ignore a maintenance issue or the maintenance system might not include regular inspections, and then minor hazards can quickly become major ones, causing serious injuries.
It’s in these situations where negligence was at play, that premises liability law may hold the property owner responsible. If you fell at a commercial property, and the following four conditions were met, you could have a premises liability case.
- A dangerous condition existed
- The property owner knew or should have known about it
- The hazard was not repaired or addressed within a reasonable time
- The unsafe condition caused you to get injured
5 Dangerous Property Conditions Winter Creates
These are the top five premises liability winter hazards to look out for at commercial properties. A simple slip and fall from winter damage can ruin more than just your day.
1. Cracked Walkways at Shopping Centers and Retail Entrances
Winter weather is no friend to concrete sidewalks. As winter thaws, you might have a couple days of snow melting temperatures, which causes water to seep into tiny cracks in the concrete. Then temperatures can drop below freezing overnight. When the water freezes, it expands, pushing the concrete apart.
Eventually, jagged lips can form, and the sidewalk or walkway can shift or crumble altogether. Even if the property owner can’t fix this hazard immediately, they can and should put up clear signage warning visitors about it.
You’ll want to look out for cracked walkways in areas with heavy foot traffic, such as:
- Big box store entrances
- Shopping malls
- Retail plazas
- Grocery store sidewalks
If you fell due to a cracked sidewalk or walkway, and there wasn’t clear signage, the property owner could be responsible for your fall.
2. Unsafe Stairs or Railings in Apartment Complexes and Parking Garages
Constant traffic up and down the stairs, wet from melted snow and dripping icicles, and the contraction and expansion due to temperature changes can wreak havoc on staircases and their railings. Metal railings can rust, wooden steps can rot, and bolts or fasteners may loosen after months of freezing temperatures.
Some common stair hazards include:
- Loose or unstable handrails
- Cracked or damaged steps
- Stair edges that crumble
- Railings pulling away from the wall
Look out for these hazards in shared areas, including apartment complex staircases and parking garage stairwells. When a railing fails or a step breaks, the fall and resulting injuries can be severe.
If you suffered a fall on a staircase and the property owner knew about the hazard, or should have discovered it during regular inspections, they could be liable for your injuries.

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3. Poor Lighting in Parking Lots and Garages
Proper lighting is key to keeping garages and walkways in commercial properties safe. But outdoor lighting systems can be damaged by wind, moisture, or electrical issues. In addition, bulbs can burn out, fixtures can rust and break, and wiring may fail. If these problems aren’t repaired quickly, parts of the property may remain poorly lit or completely dark.
This is especially dangerous in places like:
- Parking garages
- Apartment complex parking lots
- Retail store parking areas
- Walkways between buildings
Poor lighting exacerbates existing hazards like uneven pavement, curbs, or lingering ice patches because people can’t clearly see where they’re walking. If you fell in a poorly lit area on a commercial property, the property owner could be responsible for your fall if they didn’t follow proper maintenance and inspection practices, or if they failed to warn you of the danger.
4. Drainage Problems That Create Slippery Store Entrances
Melting snow can stress drainage systems around commercial buildings. When water can’t drain properly, it may collect near entrances or along walkways. Then if temperatures drop overnight, those puddles can refreeze and create slippery surfaces the next morning.
Drainage problems are often caused by:
- Roof runoff pouring onto sidewalks
- Damaged or clogged gutters
- Improper grading around the building
- Water draining toward entryways
You should be mindful of these hazards at:
- Grocery stores
- Large retail stores
- Shopping malls
If you slipped and fell because property owners failed to properly address drainage system issues, they could be held liable for your injuries.
5. Recurring Ice or Water Hazards That Businesses Fail to Fix
Property hazards that appear once can be unforeseen. But courts treat hazards that come back repeatedly, like ice that forms outside the same entrance every winter, as a failure of the property’s entire maintenance system and can hold the property owner liable for injuries.
Examples of a poor maintenance system include:
- Maintenance crews relied on temporary fixes
- Complaints from tenants or customers were ignored
- Inspection systems weren’t followed
- Long-term repairs were delayed
If you or a loved one fell due to a hazard that seems to return regularly, the property owner could be held liable for your injuries.
When Winter Damage Is Ignored, People Can Get Hurt and Property Owners Held Responsible
Melting snow often reveals the hidden damage winter leaves behind. Cracked sidewalks, unsafe stairs, poor lighting, and recurring ice hazards can all create dangerous conditions at commercial properties. When these problems are ignored, serious injuries can occur.
If you or a loved one were injured due to winter damage at a commercial property, the property owner could be responsible. Reach out to schedule a quick, no-cost consultation with one of our intake specialists to see if you have a claim. We’ll walk with you every step of the way.
About Chaffin Luhana
Chaffin Luhana LLP is a plaintiffs-only national trial firm focused on helping injured survivors and families navigate life-altering cases. Founded by Eric Chaffin and Roopal Luhana, the firm’s attorneys bring more than 250 years of combined experience and have recovered over $1 billion nationwide.
If you’ve been injured, contact Chaffin Luhana. You’ll be heard. And if we can help, we will.
