A Restaurant Owner’s Guide to Navigating Slip-and-Fall Liability Risks This Winter

Restaurants and bars often see a welcome uptick in foot traffic during the holiday season. But increased traffic comes with heightened insurance risk. More guests during periods of inclement weather means more opportunities for slip-and-fall incidents. Based on NEXT’s data, we see slip-and-fall incident claims increase by 25 percent during the winter months.

These accidents tend to occur in familiar trouble spots: slick entryways, icy sidewalks and poorly maintained parking lots. Holiday parties often amplify the risk, as guests tend to drink more and wear less practical footwear, factors that increase the chances of slipping on slush or tripping over wet floor mats."

Meanwhile, slip-and-fall claims are growing more expensive to settle, driven by rising medical costs and increased attorney involvement, particularly in litigious markets like New York City. 

So, how can restaurant operators protect themselves?

You can’t control the weather or a claimant’s legal tactics, but you can control how well your business, staff and insurance coverage are prepared to manage winter risk.

Get Liability Coverage Fundamentals Right

Many restaurant operators assume that simply having insurance is enough to eliminate winter slip-and-fall risk. Unfortunately, that’s not always the case.

There are two key areas to review with your agent or broker:

1. Correct Business Classification

How you describe your business on your application matters. If you operate as a full-service restaurant but you’re insured as a coffee shop, there may be exclusions or misclassification issues that affect coverage.

In a worst-case scenario, a material misrepresentation (e.g., not disclosing that you operate 24/7 when your carrier doesn’t write 24-hour risks) can lead to coverage disputes or even policy rescission, effectively treating the policy as if it never existed.

Honesty on the application protects you when a claim arises. If you try to save on premiums by under-reporting risk, you may discover the policy doesn’t respond the way you expected.

Ask your agent:

• How is my business classified today?
• Does my classification reflect what we actually do (bar, quick-serve, full-service, late-night, 24/7, etc.)?
• Are there any exclusions I should understand related to how we operate?

2.  Liability Limits

Slip-and-fall injury claims are rarely minor. Claims often involve fractures, surgeries and allegations of head injuries, all of which can lead to months or years of treatment. With medical costs on the rise, attorneys treat the policy limit (typically $1 million) as a starting point.

If you haven’t revisited your liability limits in several years, now’s the time. Your agent can walk you through how your limits align with your asset base, franchise obligations (if applicable) and local litigation environment.

Ask your agent:

• What are my current general liability limits per occurrence and in aggregate?
• Do my liability limits reasonably protect my assets given today’s medical and legal costs?
• Should I consider an umbrella policy for additional protection?

Five Essentials for Protecting Yourself During Slip-and-Fall Liability Cases

Once you feel confident your insurance policy accurately reflects your winter risk profile, the next step is prevention and responding appropriately should a claim arise. 

These following strategies can help you reduce liability and respond effectively.

1. Clarify Responsibility for Snow and Ice Removal

Review your lease and property agreements to confirm who’s responsible for snow and ice removal in shared or common areas like sidewalks, parking lots and building entrances. If you lease, the property owner or landlord may handle maintenance, but in many cases you bear full or partial responsibility as the tenant.

Make sure you’re aware of the latest local ordinances, too. In some municipalities, businesses must clear adjacent sidewalks within specific time windows. Failure to adhere to these rules can impact how liability is assigned in the event of a claim.

2. Review Your Maintenance Contracts

If you rely on a third-party vendor for snow and ice removal, make sure their insurance is current and the agreement clearly outlines terms of service and shared responsibilities. Unclear timing, coverage areas or documentation can lead to gaps in protection, leaving you, the restaurant operator, exposed to liability.

Understanding the contract also helps clarify what to do when service isn’t delivered as expected. If your snow removal contractor fails to show up after a storm and you take no action, it becomes much harder to prove you took reasonable steps to protect your guests if you face a slip-and-fall claim.

However, if you follow up with the contractor, document your outreach and take interim measures (e.g., salting, signage, temporarily blocking off an especially hazardous area), you’ll be in a stronger position. 

Ask yourself, “What would a reasonable person do in this situation?”  If you can show that you behaved like a reasonable operator — and kept records — it goes a long way in your favor.

3. Train Every Shift to Handle an Incident the Right Way

My first job was at a restaurant when I was 16, and honestly, I wouldn’t have had any idea what to do if a customer slipped and fell. That’s pretty common, but it’s also easy to fix. 

Give your team a simple, written incident checklist and review it in training.

That checklist should include:

• Care for the person first. Call 911 if there’s any doubt about injury severity.
• Notify a manager or the designated incident contact. Even if the guest insists they are fine and walks out, make sure someone in charge is aware.
• Preserve the scene. Block off the area, then take photos that capture the floor condition, rugs or mats, signage, lighting, and nearby stairs or steps before cleaning up. 
  Secure video footage. Save relevant camera footage as soon as possible. Many systems overwrite after a set period of time, and once the footage is gone, it’s gone.
• Complete an incident report. Document the date, time, weather conditions, staff on duty, what the injured person reported and any witnesses.

Additionally, make sure slip-and-fall prevention measures aren’t inadvertently making risk worse. I see a lot of claims involving people who tripped on an entry rug or door mat that was intended to prevent people from slipping on wet floors. Ensure all mats and rugs are flush to the floor and firmly secured so they can’t shift.

4. Report Every Incident to Your Insurer 

Even if the injured person insists they’re fine, notify your insurer or agent right away so the incident is on record. 

Many restaurant operators overlook this step, but it’s crucial. Minor incidents can turn into claims days or even weeks later, and it’s not unusual for owners to find out an attorney is involved well after the fact.

The most expensive injury claims are often those that go unreported. By the time an attorney gets in touch or a lawsuit is filed, the injured customer has already incurred significant medical debt, meaning they’re likely to request a large settlement. If your insurer isn’t notified early, their ability to investigate and defend the case is limited, which weakens your position.

Some owners hesitate to contact adjusters early out of concern it will affect their rates, but it’s actually one of the best ways to protect yourself. Reporting incidents promptly gives your insurer the opportunity to gather evidence and assess liability while the details are still fresh.

5. Prepare for Exaggerated or Unexpected Claims

Although most claimants are honest and legitimately injured, exaggerated or fraudulent claims do happen.

Franchise locations are especially vulnerable because they’re perceived to be part of a large brand with deep pockets, even when they’re run by a single local owner. That perception makes robust documentation critical. It helps you and your insurer quickly determine whether a claim is legitimate and what the next steps should be.

Even if a claim surfaces months after an incident you weren’t aware of, the burden of proof still rests with the claimant. However, AI tools and editing apps make it easier to manipulate photos or create misleading visuals, so it’s important to work with an insurer that uses tech-enabled verification tools.

Many insurers now rely on metadata analysis, reverse image searches, surveillance footage and third-party records to validate what actually happened. Access to these technologies strengthens your position, even if you didn’t have an opportunity to document the incident yourself.

Reduce Winter Liabilities with Proactive Planning

Proactive preparation is the most effective way to manage winter slip-and-fall risk. Lining up the right coverage, confirming responsibilities for snow and ice removal, and ensuring your team knows how to respond can help prevent incidents from turning into costly legal claims.

Your insurance provider is a critical partner in that process. They can help you understand your policy, spot potential exposures and make sure your documentation is in order. And if a claim does arise, they’re there to support you through resolution, working to minimize financial impact and help you recover quickly.

You can’t avoid every incident, but with adequate preparation and insurer alignment, you’ll be far better equipped to handle whatever winter brings.