Syracuse Personal Injury Law Blog
Winter weather creates hazardous conditions for pedestrians across New York, but not every slip and fall on snow or ice automatically gives rise to a successful personal injury claim. Property owners generally have a duty to maintain reasonably safe premises, yet New York law recognizes that they cannot always remove snow and ice while a storm is actively occurring. A recent New York ruling examined when the storm in progress doctrine shields a property owner from liability and what evidence is necessary to invoke that protection. If you suffered injuries after a winter slip and fall, you should speak with an experienced Syracuse personal injury attorney to determine whether you may have a viable claim.
Case Setting
Allegedly, the plaintiff sustained injuries after slipping and falling on a sidewalk owned by the defendant commercial property owner during the morning hours following overnight snowfall. The plaintiff commenced a personal injury action, asserting that the defendant failed to maintain the sidewalk in a reasonably safe condition. Following discovery, the defendant moved for summary judgment, arguing that the action should be dismissed under New York’s storm in progress doctrine because snowfall was continuing at the time of the accident and the defendant therefore had no legal duty to remove the accumulating snow or ice before the storm ended. determination.
Reportedly, the defendant relied on surveillance video showing the conditions immediately before the accident, along with testimony establishing that snow had fallen overnight and that employees had begun snow removal efforts during the early morning hours. The plaintiff argued that the evidence failed to establish the existence of an active storm sufficient to trigger the doctrine and maintained that factual disputes should have prevented dismissal of the case. The trial court granted the motion and dismissed the complaint. The plaintiff appealed.
New York’s Storm in Progress Doctrine
On appeal, the court began by explaining that New York’s storm in progress doctrine generally relieves landowners of the duty to remove snow and ice until a reasonable period has passed after a storm ends. A defendant seeking summary judgment under the doctrine must first establish that a storm was actively occurring when the accident happened. If that burden is met, the property owner ordinarily cannot be held liable for failing to eliminate weather-related hazards before having a reasonable opportunity to do so.
The court further noted that light snowfall does not necessarily prevent application of the doctrine, and that the relevant inquiry focuses on whether the weather event remained ongoing rather than on the intensity of the precipitation.
Applying those principles, the majority concluded that the defendant met its burden. The surveillance video demonstrated that snow was falling when the plaintiff walked across the sidewalk, and the footage showed that the plaintiff created the only visible footprints in the accumulated snow.
The parties also agreed that snow had fallen overnight, and the plaintiff did not contend that the storm had already ended or that the icy condition predated the snowfall. Because the defendant established that the accident occurred during an active weather event, the burden shifted to the plaintiff to present evidence creating a factual dispute.
The court determined that the plaintiff failed to raise a triable issue regarding either the existence of a continuing storm or whether the defendant had a reasonable opportunity to remedy the condition after the weather ceased. Accordingly, the court affirmed the order granting summary judgment and dismissing the complaint.
Speak with an Experienced Syracuse Slip and Fall Attorney
If you or someone you love suffered injuries in a slip and fall accident caused by dangerous property conditions, it is important to understand that property owners are not always insulated from liability simply because snow or ice was present. The experienced Syracuse slip and fall attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers know how to evaluate whether a negligent property owner may be held responsible, and if you hire us, we will work tirelessly on your behalf. o Contact our office through our online form or call 833-200-2000 today to schedule a free, confidential consultation.