Winters in New York can create hazardous conditions in streets, parking lots and residences. But when a patch of ice causes a life-altering injury, there are two distinct legal theories that can determine if an affected person can seek damages.
The ‘Storm in Progress’ doctrine
Under this state rule, property owners are generally not held liable for failing to clear snow or ice while a storm is still occurring. The law grants owners a reasonable period, which is often interpreted as several hours after snow has completely stopped, to remedy the hazard.
Legally, these cases can be challenging. Success often requires the use of forensic meteorological experts to pinpoint exactly when the “storm” ended. However, there is a critical exception: affirmative negligence. If a property owner chooses to shovel or salt during the storm and does so in a way that makes the surface more dangerous than it would have been naturally, they may be held liable regardless of the weather.
Ice build-ups and constructive notice
If a build-up or patch of black ice had lingered for days before the accident, the owner had constructive notice. This means that even if they claim they were unaware of the ice, they legally should have discovered and fixed it through routine or professional maintenance.
In these cases, recovery chances can be higher. Lawyers aim to prove that the hazard was “visible and apparent” for a sufficient length of time. For example, if a leaky gutter has been dripping onto a sidewalk and freezing for a week, the owner cannot blame a current snowstorm for a slip-and-fall that was caused by a long-standing maintenance failure.
Local Rules and NYC Mandates
Also it is worth noting that the concept of reasonableness is often defined by local law. In New York City, the administrative code sets specific times for snow removal once a storm ends. If a storm stops between 7:00 AM and 4:45 PM, owners generally have only four hours to clear their paths. Failure to adhere to these local windows can be powerful evidence of negligence.
Moving forward
If you have been injured during the course of a New York winter, do not assume that only the weather is to blame. An experienced attorney can review your case and create a legal strategy while you focus on your recovery.