The “Storm in Progress” Defense for Injuries on Snowy or Icy Walkways
Each year, people sustain injuries from slip and fall incidents on snow or ice that property owners should have cleaned away. Injured pedestrians have the right to seek compensation in court. However, although New York property owners generally have a duty to keep their sidewalks clear of hazards caused by snow and ice, this duty is suspended while a storm is ongoing. This “storm in progress” defense can be a hurdle to plaintiffs, but there are ways to surmount it.
The “storm in progress” defense is based on the principle that it would be unreasonable to require property owners to clear snow and ice while a storm is still active, making conditions unsafe. The duration of the storm is key in determining whether the defense applies. “In progress” refers to the period during which snow or ice is still accumulating, whether from snow, sleet, or freezing rain. During this time, property owners are excused from their usual duty of maintaining safe walkways.
Once the storm has ended, the property owner must clear the hazardous conditions within a reasonable time. What might be a “reasonable time” is determined on a case-by-case basis, considering the severity of the storm, the accumulation of snow or ice and the practical steps needed to remove it. In New York City, property owners are usually given up to four hours after the end of the storm to clear their walkways, though this may vary depending on the circumstances. The size of the property, the availability of resources for snow removal and the time of day may also influence what is reasonable.
The “storm in progress” defense is not an absolute shield to liability. An injured pedestrian can overcome this defense with evidence that the accident occurred due to a hazardous condition, such as patch of ice, that pre-existed the storm and that the property owner failed to remove.
Other exceptions may defeat the storm in progress defense. The property owner might have created the hazardous condition themselves, such as by allowing water to pool on the sidewalk and freeze, which would constitute negligence. Property owners may be liable if they continue to permit the dangerous condition to persist while the storm has significantly subsided.
If you suffer a slip and fall injury on ice or snow on someone else’s sidewalk or walkway, the lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP will work to get you the monetary compensation you deserve. Call us at 631-360-0400 or contact us online for a consultation.