Winter weather is unavoidable in Wisconsin, but injuries caused by snow and ice often lead to confusion about legal responsibility. Each winter, homeowners, landlords, and business owners ask the same question: Am I liable if someone slips and falls on my property?
Wisconsin law draws an important distinction between natural winter conditions and hazards created or worsened by human action and between public sidewalks and private premises. Understanding that difference can help property owners reduce risk and help injured individuals understand whether they may have a legal claim.
The general rule in Wisconsin: Natural snow and ice
Under Wisconsin law, abutting property owners are generally not liable for injuries caused by the natural accumulation of snow and ice on public sidewalks, even though many municipalities require snow removal by ordinance. This includes:
• Snowfall during or immediately after a storm
• Ice formed by freezing temperatures
• Packed snow caused by foot traffic or weather conditions
Courts recognize that it is unreasonable to expect property owners to eliminate every slippery surface during active winter conditions. On private property, however, liability is evaluated under ordinary care based on the circumstances.
However, this rule has important exceptions.
When a property owner may be liable
A property owner may be responsible when their actions, or inaction, create or increase the danger beyond what would normally occur from winter weather alone.
Common situations that can lead to liability include:
Artificial or man-made conditions
• Improper drainage that causes melting snow to refreeze
• Downspouts or gutters directing water onto walkways
• Plowing or shoveling that piles snow into pedestrian areas
Negligent snow or ice removal
• Partial shoveling that leaves uneven or slippery surfaces
• Creating ridges, ice patches, or concealed hazards
• Salting inconsistently or inadequately in known trouble spots
Known, repeating hazards
If a property owner is aware that a particular area repeatedly becomes icy, such as an entrance, stairway, or parking area, there may be a duty to take reasonable corrective action.
Different rules for different property owners
Homeowners
Homeowners generally are not insurers against winter accidents. Liability typically arises only if the homeowner creates a new hazard or worsens existing conditions or fails to act reasonably with respect to conditions they control.
Landlords
Landlords may have responsibility for common areas, including:
• Sidewalks
• Parking lots
• Shared entryways and stairwells
Lease terms, maintenance responsibilities, and who controls the area often matter.
Businesses open to the public
Commercial property owners must exercise ordinary care for areas open to customers, especially for:
• Entrances and exits
• Walkways with heavy foot traffic
• Areas customers are expected to use
Some businesses may also have obligations under Wisconsin’s Safe Place Statute, which requires public buildings and places of employment to be as safe as reasonably permitted by their nature.
Reasonable, timely maintenance is key.
What “reasonable care” means in winter
Wisconsin law does not require perfection. Instead, it focuses on whether a property owner took reasonable steps under the circumstances, considering:
• Timing of the storm
• Weather conditions
• Visibility of the hazard
• Maintenance practices before and after the incident
What is reasonable during an active snowfall may be very different from what is reasonable hours, or days, later.
Bottom line on winter slip-and-fall liability in Wisconsin
In Wisconsin, winter slip-and-fall injuries do not automatically result in liability. Property owners are generally protected from claims based on natural snow and ice, but that protection can disappear when conditions are created, worsened, or ignored.
If you own or manage property, consistent winter maintenance helps reduce both injuries and legal exposure. If you were injured, understanding why the condition existed is often just as important as the injury itself.
Common questions about winter slip-and-fall liability in Wisconsin
Q: Is a homeowner liable if someone slips on their icy sidewalk in Wisconsin?
A: Usually not, unless the homeowner created or worsened the icy condition.
Q: Are businesses required to remove snow immediately?
A: No, but businesses must take reasonable steps to maintain safe conditions, especially in high-traffic areas.
Q: Does salting protect a property owner from liability?
A: Salting helps, but inconsistent or negligent application can still create liability.
Q: What if the injury happened during a snowstorm?
A: Injuries during an active storm are less likely to result in liability, depending on the circumstances.
