We recently obtained summary judgment in New York Supreme Court, Queens County pursuant to New York’s “storm in progress” doctrine. Generally, under New York’s “storm in progress” doctrine, a landowner is deemed to not have notice of a potentially dangerous condition, such as an accumulation of snow or ice, until a reasonable period of time passes after the cessation of a snowstorm. However, an exception to this doctrine may apply where the landowner undertakes to remove snow or ice during the course of the ongoing storm and subsequently causes, creates, or exacerbates a slippery condition.
In this case, the plaintiff alleged that he was caused to sustain a relatively serious trimalleolar fracture of his ankle after slipping and falling on an accumulation of ice and/or snow during the course of a snowstorm. He further alleged that the defendant-landowner caused or exacerbated a slippery condition by shoveling the sidewalk prior to his accident. However, we argued that the “storm in progress” doctrine applied and that the defendant-landowner did not cause or exacerbate any allegedly dangerous conditions. We highlighted that, although the landowner was in the process of shoveling the portion of the sidewalk where the plaintiff alleged that he fell, the landowner had fully shoveled and spread salt over that portion of the sidewalk.
Agreeing with the landowner’s arguments, the New York Supreme Court ruled that the “storm in progress” doctrine applied. The Court further held that, by shoveling and salting the portion of the sidewalk where plaintiff allegedly fell, the landowner did not create, cause, or exacerbate any allegedly slippery condition on the sidewalk. As such, the plaintiff’s Complaint was dismissed in its entirety.
Based on this ruling, it is important to note that, should landowners elect to begin snow or ice remediation activities during the course of an ongoing storm in New York, they should take all reasonable steps to ensure that no dangerous conditions are created as a result of their activities. If they insist on cleaning during an ongoing storm, by both shoveling and spreading salt, landowners can still avail themselves of the protections of the “storm in progress” doctrine and prevent otherwise costly cases from proceeding to trial.