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You can get sued for anything by anyone at anytime. It's why you must have insurance. At least they pick up the legal tab of the suit. We all know each state is different. It seems, but I'm not sure, that more cold weather states have either set the precedent in rulings or have the written law stating that snow and ice are naturally occuring and the individual assumes the risk when they leave their home. In Ohio, slip fall claims are not typical because of snow and ice since the law states as above, that the individual should know better - IT'S SNOWING OUTSIDE! BE CAREFUL!!! If you're negligent and don't do the work as stated in your contract, then you'll likely to get sued since you didn't perform the work.
The best thing anyone can do is clearly define the work they will be doing under the terms of the contract within their "Scope of Services". Writing something along the lines of, "Contractor will provide service according to normal industry standards in a professional and workman like manner...." does not cut it. The more ambiguous you are, the more trouble you'll be in. Clearly define the parameters of the work area (include a site map if appropriate). I could go off on a tangent specific to snow, but I'm tired of typing (and I'm sure you're tired of reading). So I'll leave it general, as I believe this with all contracts, may it be landscape maintenance, installation or snow.
For what it is worth, our wording in our contracts for the "Act of God" clause reads as follows (first section talks about slippery conditions in a separate part of the contract):
Bare Pavement. Owner understands that Program Services may not clear the Premises to “bare pavement” and that slippery conditions may continue to prevail even after clearing of snow or application of chemicals. Owner understands that the Contractor assumes no responsibility for this naturally occurring condition.
The Contractor will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, the Contractor is not responsible for any: (a) damage to landscaping caused by the piling of snow or the spreading of chemicals described in this Agreement; (b) damage to items that are snow-covered or not visible; (c) damage caused by equipment with tree, shrub and sidewalk areas are not reasonably delineated due to snow accumulation; (d) personal injuries resulting from slip fall accidents; and/or (e) Acts of God, including but not limited to extraordinary weather conditions.
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