Snow removal insurance and liability for condo boards and landlords
Hiring a snow contractor does not remove the owner's duty to keep walks safe. Ask for a certificate of insurance, check that the policy covers snow work, and keep the visit log. This is a plain guide, not legal advice.
Not legal advice. Ask your association attorney and your insurance agent.
What the owner still owes
In Massachusetts an owner must use reasonable care to keep the property safe from snow and ice. Hiring a contractor helps get it done. It does not hand the duty to the contractor. See the plain summary of the law.
What to ask any snow contractor for
- A certificate of insurance, before the contract starts
- General liability that covers snow removal (many policies exclude or limit it, so ask to see it)
- Commercial auto for the plow vehicle
- Workers' compensation, if the contractor has employees or helpers
- A written scope: trigger, areas, salt plan, exclusions
- A visit log with arrival and departure times and photos
What to ask your own insurance agent
- What limits should we require from a contractor?
- Should the association or building be listed as an additional insured on the contractor's policy?
- Does our policy have snow or ice conditions or reporting rules?
- When must we report a fall?
Records protect everyone
A log with times and photos shows what was done and when. We log every visit and share records on request or as a monthly summary. If someone reports a fall, keep the log and photos as they are, tell your insurer, and do not change anything before you have photographed it.
Contract terms that matter
- Exclusions: cars in the lot, hidden obstacles, lawn and curb damage
- Response target, and what happens in a very long storm
- Hold harmless or indemnity wording, read by your attorney
See the sample contract and the bid checklist.
What the Massachusetts sources say
In a premises liability case, the fact that an accident happened is not, by itself, proof of negligence.1 In Rolli v. Burlington Residences, the court said the contractor that cleared snow at the property owed Rolli a duty to use reasonable care in clearing the walkways and parking lot.2 OSHA's rule says walking-working surfaces are maintained free of hazards such as spills, snow and ice.3 None of this tells you what policy to carry. Ask your insurance agent.
Sources
Each number above links to the passage it relies on. Checked November 1, 2026. We are a snow contractor, not a law firm or an engineer; confirm legal and structural questions with your attorney, insurer or town.
- Massachusetts model jury instruction 4.01, premises liability: breach of duty
The fact that an accident happened, by itself, is not proof of negligence.
- Rolli v. Burlington Residences, LLC, 18 Mass. L. Rptr. 571 (Mass. Super. Ct. 2004)
Caruso therefore owed Rolli the duty to exercise reasonable care in clearing snow from the walkways and parking lot.
- OSHA 29 CFR 1910.22, walking-working surfaces
Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.
Questions
Who is liable if someone slips on a walk we hired a contractor to clear?
The owner or association keeps its own duty of reasonable care, whether or not a contractor is hired. A contractor may also be named in a claim. A written service log helps show what was done and when. Ask your attorney and insurer how it applies to you.
What insurance should a snow contractor have?
At least general liability that covers snow removal, commercial auto for the plow vehicle, and workers' compensation if anyone is employed. Many general liability policies exclude or limit snow work, so ask to see it. Ask your own insurance agent what limits your property should require.
What is a certificate of insurance?
A one-page form from the contractor's insurance agent that lists the coverage and limits. Ask for it before the contract starts, and ask your agent whether to be listed as an additional insured.
Does Snow Pass carry insurance?
We do not start commercial contracts until insurance is in place.
Should the contract have a hold harmless clause?
Many contracts do. These clauses can be one-sided, so have your attorney read them. We do not give legal advice.
Small property managers
Several small buildings on one route, one written proposal, a photo log to forward to owners.
Townhome complexes
Shared drives, parking, walks and mailbox areas for associations.
How a condo board hires a snow contractor
Seven steps from the master deed to the signed contract.
Snow removal bid checklist (printable)
What to send every bidder and a side-by-side table to compare them.
Massachusetts landlord snow removal law
Owner duty, egress rules, sidewalk deadlines by town. With sources.
Snow removal cost per unit
Why price per unit misleads, and a calculator to compare bids fairly.