Wade Clark Mulcahy LLP

<p style="text-align: justify;">Although spring is almost here, premises cases involving snow and ice continue year round.  During a snow storm, it is important for residential building owners and snow removal companies to track storm data and confirm when the storm has passed them, in order to begin the snow removal process.</p>
<p style="text-align: justify;">In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2020/03/Ross-v.-Lewis.pdf">Ross v. Lewis</a>,</em> plaintiff fell at approximately 8 a.m. during a record snow storm in New York. Under a special exception, the “duty of a landowner to take reasonable measures to remedy a dangerous condition caused by a storm is <em>suspended</em> while the storm is in progress, and does not commence until a <em>reasonable time</em> after the storm has ended [<em>see</em> Solazzo v. New York City Tr. Auth., 6 N.Y.3d 734, 735 (2005)]. In their summary judgment application, defendant building owner submitted weather data records and an expert’s affidavit (maybe having a meteorologist on call is not such a bad idea) indicating that the snowfall had continued to fall, even in trace amounts, until 2:30 a.m. that morning prior to plaintiff’s slip and fall. The trial court denied defendant's motion because their weather data was not in admissible form.  A motion to renew the summary judgment motion with sworn weather data was subsequently denied by the trial court.  The First Department reversed by granting the motion to renew and awarded summary judgment to the defendant finding that the "storm in progress" theory protected the landowner from liability for this fall, even though the plaintiff fell almost 6 hours after the storm ceased.  The court concluded that, considering the blizzard conditions that day, the landowner was free of liability for not clearing snow prior to 8:00 a.m.</p>
<p style="text-align: justify;">This case provides a good example of an exception to the duty of the landowner to keep the property reasonably free of hazardous conditions due to inclement weather. A building owner should clean the property to remove snow and ice after a reasonable period of time when the snow storm has passed. Of course, a property owner should take precautions prior to a storm causing icy conditions, but at least, the courts will allow for a reasonable amount of time to pass before the building owner’s duty is triggered, even after it stopped snowing.</p>
<p style="text-align: justify;">Thanks to Raymond Gonzalez for his contribution to this post.  If you have any questions or comments, please contact <a href="mailto:vterrasi@wcmlaw.com">Vincent Terrasi</a>.</p>