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Less salt application, more liability protection?

2/19/26

By: Joshua Ferguson

Wisconsin lawmakers have reintroduced a bill (SB 1019) that would potentially shield commercial road salt applicators from slip-and-fall lawsuits if they complete state training and use the taught de-icing methods. As it currently reads, the liability protection would also extend to property owners who hire trained and registered applicators. Applicators must complete training, pass an exam, and be registered with the Department of Agriculture, Trade and Consumer Protection to qualify for immunity.

Concerns echoed by those introducing the bill is the environmental impacts of salt into the waterways and its impact on health and safety, the overuse of salt, and the importance of training on scientifically backed strategies to maintain safe conditions while reducing overall salt use.

A similar bill was vetoed by the Governor in 2024. Various groups have pushed back against the bill. While positions vary, one through line in those contesting the bill is that in balancing the environmental concerns versus the liability shields, the current bill is too broad as to the liability protections afforded. Only New Hampshire currently has a similar limited liability law for salt applicators.

The snow and ice management industry has pushed for liability protections over the years given the volume of slip and fall lawsuits and their impact on the industry’s ability to procure insurance and/or the significant increase in premiums. These efforts have included limitations on indemnification provisions, varying versions of which were passed in Colorado, Connecticut, Pennsylvania and Illinois within the past ten (10) years.

For further information or inquiries please contact Joshua Ferguson or your local FMG attorney.

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