How the Storm in Progress Rule Affects Your New York Slip and Fall Case
After suffering an injury in a snow or ice slip and fall accident in New York, you may be eligible to file a personal injury claim against the property owner and seek compensation. However, winning a snow or ice fall case is not always easy. One of the biggest obstacles people face in these cases is the legal doctrine known as the “storm in progress.” This rule can determine whether or not a property owner can be held accountable for your injuries.
Below is what you need to know about the storm in progress rule in New York.
What Is the Storm in Progress Rule?
The “storm in progress” legal doctrine is one of the strongest defenses a defendant can raise during a snow or ice fall case. The storm in progress doctrine holds that property owners are not under any legal obligation to clear snow or ice while a storm is ongoing. The reasoning behind this rule is that it is unreasonable to expect property owners to keep surfaces completely clear while snow or ice continues to accumulate. Once the storm passes, property owners are given a “reasonable time” to clean up. This rule applies to both exterior and interior surfaces.
If a storm was still happening when you slipped and fell, the property owner will likely claim that they cannot be held responsible for your injuries. The court may throw out your case if evidence clearly shows:
- Snow or ice was still falling
- Freezing rain was happening
- Weather conditions were worsening
- The temperature was causing new ice to form
How Bad Does the Weather Have To Be for This Defense To Apply?
A common misconception regarding the storm in progress defense is that there must have been a significant storm or weather event. However, this is not true. Courts in New York have held that this defense doesn’t require severe weather conditions. Even light snow and/or drizzle can trigger the protections of this legal doctrine.
When the Rule Does Not Apply
While the storm in progress rule gives property owners significant protection, it doesn’t apply in all situations. There are several instances where you may still have a valid claim even if a storm was still happening when you slipped. Here are some of these instances:
- Pre-Existing Snow or Ice: If the dangerous condition that caused your accident existed before the storm in question began, the property owner may still be held liable.
- Unreasonable Delay After the Storm Ends: Once the storm ends, the property owner must act within a “reasonable time” to clear snow or ice. For example, the law requires sidewalks to be cleared within four hours of snowfall ending if it stops between 7 AM and 4:59 PM, and within 14 hours when snowfall ends after 5 PM but before 8:59 PM.
- Conditions Worsened by Negligence: If an owner created an even more dangerous situation, for instance, when attempting to remove snow or ice, the storm in progress rule may not protect them from liability.
While the storm in progress rule can be a powerful defense for property owners, it does not automatically bar all claims. A skilled attorney can evaluate your case, analyze weather data, and determine if you still have a compensation claim.
Contact a Long Island Slip & Fall Lawyer
If you’ve been injured in a snow or ice slip and fall accident, contact a Long Island slip & fall lawyer at Jacobson Law for a case evaluation.
Source:
nysba.org/storm-in-progress-the-best-defense-you-never-heard-of/?srsltid=AfmBOoqCrxFkhGQhtRL6dOnv-zvUbeEo2p42aK1rEOFkMnWeYD0Dr0Ph#:~:text=The%20storm%20in%20progress%20defense%20holds%20a%20property%20owner%E2%80%99s%20duty%20to%20reasonable%20measures%20to%20remedy%20a%20hazardous%20condition%20caused%20by%20a%20storm%20is%20suspended%20while%20that%20storm%20is%20in%20progress.
