Colorado adopted a "Snow Removal Liability Limitation Act" that became effective August 8, 2018. The legislation voids hold-harmless and indemnification language located in Snow Removal and Ice Control Services where the provider is prohibited from mitigating a specific Snow, Ice, or other mixed precipitation event or risk. For example - if snow removal is not to occur under the contract until there is 3 inches of snow or more. The Act does not rule out breach of contract or general negligence claims if the service provider fails to provide contracted for services.
What does it mean for your Community? Your community may have increased liability exposure related to snow and ice removal as the service provider cannot be required to indemnify the Association for liability arising from snow and ice removal services. For example - liability for slip and fall claims due to ice would potentially fall upon the Association even if the Association has contracted for snow and ice removal.
What should you do?
1. Have your attorney review your current snow removal contracts for compliance;
2. Consult your attorney about how the new Act may impact your Community and how you can add liability protections.
We would be happy to review your snow removal contracts and advise your Community on options per the new Act.