Property Owners' Duty
Owners and occupiers must take reasonable steps to address dangerous snow and ice within a reasonable time after a storm. What's 'reasonable' depends on the circumstances.
The 'Storm in Progress' Rule
New York courts recognize that owners generally aren't liable for failing to clear ice while a storm is still ongoing — they get a reasonable period after it ends. Timing the fall relative to the weather is therefore critical.
Proving Notice
You typically must show the owner created the hazard or had actual or constructive notice of it and a reasonable chance to fix it. Evidence of how long the ice existed — and weather records — can make or break a claim.
What to Do After a Winter Fall
Photograph the ice and surroundings immediately, note the date and time, get medical care, and preserve the footwear you wore. These details matter enormously in storm-in-progress disputes.
Injured in New York? Injury Claim Team connects you with an experienced New York personal injury attorney at no cost. Call 973-566-5599 or request your free case review — a specialist will reach out within the hour.