By JANE SCHMITT

Winter storms. Snow and ice. Premises liability.

They go hand in hand, according to attorneys who advise local businesses on strategies to prevent accidents, problems and, ultimately, the claims that may result.

This time of year, slips and falls caused by snow and ice are a huge concern. Premises liability, however, is a year-round issue for every business owner.

"It could be anything. You name it," says Michael O'Neill, a partner at Hodgson Russ LLP. "A cracked step. A broken railing. It could be something as simple as a spill in a grocery store. Somebody dropped an egg and it sat there for 45 minutes without being cleaned up.

"What I think that businesses need to focus on - and it's a double-edged sword - is having a system in place to inspect things. Keep an eye on your premises with some sort of system. Get out there and look around. Have your people checking things at (certain) intervals."

That can cut both ways, however.

"Another thing that can get business owners in trouble is when they have an inspection system in place but they don't follow it," O'Neill says. "It turns out that someone fell on that broken egg, and if it was there for 45 minutes and the store had a policy that they would inspect (the aisles) every 20 minutes, then the evidence is that they didn't do two inspections in a row."

Diligence required

The message is clear: Businesses seeking to avoid these types of lawsuits must be diligent in property, building and equipment maintenance to ensure the safety of their tenants, customers and visitors.

Indeed, prevention through "reasonable precautions" is the best medicine, says Thomas Speyer, a defense attorney for area companies facing premises claims. He is a partner in Chelus Herdzik Speyer Monte & Pajak PC, Buffalo.

"The law in the State of New York is that a premises owner - be it you, me or McDonald's - has to maintain their property reasonably," he says, "not perfectly. They have to maintain reasonable efforts. For a plaintiff to succeed in a lawsuit, they must prove that the (commercial) premises owner behaved unreasonably."

The common problem of snow and ice is a prime example. Has the business taken precautions against slips and falls by hiring a snowplowing contractor? Is there a system in place for shoveling and/or salting walkways and steps? Does the business owner keep a bucket of salt near entranceways and exits, and are those areas checked on a regular basis?

"They cannot prevent the lawsuit itself. If somebody falls, they can sue," Speyer says. "You can sue anyone for anything at just about any time. But succeeding is an entirely different matter."

Make it a point to keep good documentation for any maintenance contracts, he advises. Also, verify that those contractors are insured so as to provide your business with named additional insured status.

"Do they have somebody routinely inspect the roof of a large commercial building, say, once a year to see whether the gutters are leaking? Leaking gutters can lead to puddles. Puddles can lead to ice," Speyer says.

Be reasonable, and be insured

With so much to think about, business owners can get paranoid. Don't, Speyer says.

"I'm not saying people should be paranoid. I'm really not," he insists. "I'm saying: Try to be a good landowner. Take care of your premises as you would your own residence. Be reasonable about it."

All businesses should have adequate insurance coverage. That goes without saying, according to Hodgson Russ' O'Neill. The more you have, the better. Trust your insurance professional to outline what your company needs in terms of commercial general-liability coverage.

"More insurance is better insurance," O'Neill says.

Phillip Gulisano, a partner in Burden Gulisano & Hickey LLC, says his firm has handled premises-liability cases on both sides of the law.

"We have handled every type of case, from slips and falls in parking lots of bars to bowling alleys where people slip on the entrance mat," he says.

He suggests that companies put more effort into enlisting the help of their workforce in terms of preventive medicine.

"Make sure they are looking for hazards and defects," Gulisano says. "If the parking lot is slippery, report it. If they see a torn carpet or mat, report that, too. Commercial establishments should have a policy in place with their employees as to what they should do if they notice a particular defect. They should train them that way."

Jane Schmitt is an Amherst free-lance writer.