Closing your doors doesn’t end your responsibility. If someone slips and falls near your business after hours, you may still be liable, especially when the hazard involves your signage, equipment, or property maintenance. This is where General Liability insurance comes in.
When Is Your Business Liable For After Hours Accidents?
Even if your business is closed, you can still be held responsible for injuries that occur on or near your property if:
- The hazard stems from your operations or equipment
- You’re contractually responsible for maintaining the area
- Your signage or displays obstruct a walkway or create a tripping hazard
Common Examples
- A sandwich board left outside causes a pedestrian to trip
- Ice accumulates on a sidewalk you’re required to clear
- A loose light fixture falls and injures someone walking by
If the injury is linked to your negligence, your general liability insurance may respond, but only if your policy is properly structured.
Why Landlords Require Additional Insured Status
Many commercial leases in NYC, Westchester, and Fairfield County include an “additional insured” clause. This allows the landlord to be covered under your policy if a claim arises from your operations. Without it, the landlord’s insurance might be on the hook, which they want to avoid.
Your lease likely includes this requirement. Adding your landlord as an additional insured:
- Helps avoid coverage disputes
- Protects the landlord from claims tied to your negligence
- May be mandatory for occupancy
How General Liability Responds
A general liability insurance policy typically covers bodily injury claims caused by your negligence. If an after-hours slip-and-fall is connected to something you failed to do, such as removing hazards or securing equipment, your policy may cover:
- Medical bills
- Legal defense costs
- Settlements or judgments
However, coverage is not guaranteed. Policy language, exclusions, and your contractual obligations all matter. For example, if your lease clearly defines your duty to clear ice or remove signage, failure to comply could lead to denied claims.
Considerations For Tri-State Area Business
New York City
Business owners are often legally responsible for the sidewalks adjacent to their property. Even after hours, if snow, ice, or other hazards accumulate and cause injury, liability may fall on the business.
Westchester County
Downtown leases in places like White Plains and Scarsdale commonly assign sidewalk and storefront maintenance to tenants. Failure to follow these requirements can create exposure.
Fairfield County, Connecticut
Many municipalities hold business owners accountable for the safety of surrounding walkways. This includes snow and ice removal, especially in town centers.
Understanding these local nuances is essential. A one-size-fits-all policy may not provide the protection you need.
Real-World Claims Example
A deli in White Plains closes for the night, leaving a sandwich board on the sidewalk. A passerby trips, suffers a broken wrist, and files a claim. The lease states the tenant must keep the entrance area clear. Because the tenant failed to secure the sign and meet lease terms, the claim is submitted under their general liability policy. The insurer covers medical costs and defense fees.
How to Protect Your Business
Protecting against after-hours liability requires proactive planning:
- Review Your Lease
- Understand your responsibilities for snow, ice, signage, and walkways
- Examine Your General Liability Policy
- Check for exclusions that may limit after-hours coverage
- Add Required Endorsements
- Consider additional coverages available
- Document Your Maintenance Activities
- Keep records of snow removal, sign storage, and hazard checks
- Train Your Team
- Ensure closing procedures include hazard removal and equipment storage
Why Proper Insurance Coverage Matters
An uncovered slip-and-fall can cost thousands in medical expenses and legal fees. It can also damage your reputation and tenant-landlord relationship. Having proper coverage isn’t just about avoiding financial loss it’s about running a responsible, sustainable business.
Too often, business owners assume they’re only liable during business hours. That assumption leaves dangerous gaps.
What Refine Risk Does Differently
We help business owners across NYC, Westchester, and Fairfield County:
- Review lease obligations and match them to insurance coverage
- Identify overlooked liability exposures
- Structure policies to include key endorsements
- Ensure coverage limits reflect real-world risk
Our role is to close the gap between what your lease requires and what your insurance covers.
Before You Go
Your duty to protect others doesn’t stop when you lock up for the night. Every business has exposure after hours and general liability coverage is only effective when it matches the way you operate.
Refine Risk is here to help you get it right before the claim happens.
Contact our team today.