Expert Witness Testimony on Snow & Ice Mitigation Cases

Whether building a plaintiff case or defending against a damage claim, Allin / Rose Consulting, Inc., is nationally renowned for our knowledge and expertise in snow and ice mitigation and remediation. 

Allin / Rose Consulting, Inc., has worked with lawyers for years on both sides of the legal aisle, providing expert witness testimony for plaintiffs and defendants.  We are qualified as expert witnesses on snow plowing in numerous states around the country, and regularly assist legal representatives in winter accident actions including slip-and-fall incidents on commercial sites involving snow and ice.  

Having worked in many states performing snow and ice management as well as providing expert witness testimony, no one is better qualified to testify regarding whether involved parties have performed in an acceptable fashion before, during, and after a snow or ice event. 

Expert Witness Testimony: Snow Removal

By the time the plow hits the hardscape, most of the hard work and planning involving safely removing snow should already have been completed. Failure to look beyond the point of causation can ruin a plaintiff’s claim for damages or leave defense attorneys blindsided in open court. 

Among the most common issues impacting proper snow management: 

Engineering and design: From drainage to curbs, to the type of groundcover and designated snow-storage areas, proper snow removal begins with proper engineering and design work. Failures in this area can result in third-party liability claims that expand a plaintiff’s case or reduce a defendant’s exposure to damages. 

Snow-removal plan: Calling the snow-plow guy (or hoping he shows up) is not a proper snow response plan. Designated areas for storing snow piles, drainage, and potential on-site or off-site visual obstructions must all be considered. 

Equipment and products: Choice of equipment and other products, like ice-melters, will have a significant impact on the effectiveness of snow-removal efforts. 

Technique: How an area is plowed can have a major impact. Poor plowing technique may turn a parking lot into an ice rink, or damage signage, parking stops, or other hidden obstacles that may create added risk for motorists and pedestrians. 

Expert Witness Testimony: Ice Removal

Ice removal is of vital importance when it comes to reducing the risks of injury. In many cases, it’s icy conditions left behind after shoveling or plowing that results in more dangerous conditions. 

Some of danger spots include: 

Parking Lots: Selection of ice-melter is a critical factor when it comes to not leaving ice behind in a parking lot. Underlying hardscape, weather, surface temperature, drainage, location of snow mounds, and choice of plowing equipment and technique can all impact ice risks. 

Curbs and sidewalks: These are the most dangerous locations for the formation of ice. The area in front of curbing is notorious for building ice, particularly if drainage is inadequate. Low spots in sidewalks or at entryways also create unnecessary risk, as do areas of undirected runoff from rooflines, eaves and other areas. 

Entrances: The entrance to buildings is an area notorious for causing fall injuries for many reasons. In some cases, ice-melters may actually create fall hazards. In other cases, high traffic areas may develop into low spots that result in ice pools. Runoff from roofs or overhangs also create dangerous conditions, particularly when low areas and/or poor draining exacerbate the risks.

Whether you are building a plaintiff’s case for damages, or defending against a claim, Allin / Rose is an invaluable resource to have on your side.