When winter hits New York, snow and ice create dangerous walking conditions almost overnight. Every year, people suffer serious injuries after slipping on icy sidewalks, parking lots, stairways, and building entrances.
But many property owners rely on something called the “Storm in Progress” doctrine to avoid responsibility.
If you’ve been injured in a slip and fall during a snowstorm, here’s what you need to know:
Under New York law, property owners generally are not required to remove snow or ice while a storm is actively ongoing.
The courts have recognized that it would be unreasonable to require a property owner to continuously shovel or salt while snow is still falling. As a result, a property owner typically has a reasonable time after the storm ends to clear dangerous conditions.
This legal principle is commonly referred to as the “Storm in Progress” doctrine.
Despite the “Storm in Progress” doctrine, the law can be more nuanced and ongoing precipitation does not mean that you are barred from bringing a case. The courts will look at a variety of factors when determining liability on a property owner. These factors include, but are not limited to, whether the dangerous condition was the result of the ongoing storm or existed prior to the storm; and whether the dangerous condition was the result of negligent attempts to remedy a dangerous condition. Indeed, sometimes the property owner’s attempts to clear snow and ice are inadequate and actually enhance the danger presented by the storm.
Here are Grandelli & Eskenasi, we fully investigate the circumstances of every slip and fall accident involving snow and ice to ensure that we obtain the maximum compensation available to our clients in cases where we can establish liability. Immediate investigation is key to establish a claim, including obtaining certified weather records, surveillance footage, maintenance logs, plowing and salting contracts, witness testimony and photographs taken immediately after the fall of the subject area.
If you or a loved one has been injured in a snow or ice-related fall, speaking with an experienced New York premises liability attorney as soon as possible is critical.
Winter conditions do not automatically eliminate your right to recover.