Syracuse, New York: What Is The Storm In Progress Defense?

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Snow and Ice Slip-And-Fall Accident Victims Across Syracuse. If You or a Loved One Has Been Injured in an Onondaga County Slip-and-Fall Accident That Was Not Your Fault, You Deserve Effective, Aggressive Representation and a New York Premises Liability Lawyer Willing to Fight for Your Rights.

Syracuse is no stranger to harsh winter weather, regularly ranking among the snowiest cities in the United States. During a major snowstorm, just about everything can come to a standstill. Schools close, businesses shut down, and many have no choice but to spend the day laying salt and shoveling snow. Local law even requires that homeowners be proactive about clearing their sidewalks.

Homeowners are not the only New Yorkers with responsibilities. Landlords, businesses, and other property owners all have their own duties. As a general rule, state law requires that the person or party responsible for a property make a good-faith effort to protect guests from reasonably foreseeable risks. After a snowstorm, that usually means making regular rounds of the property to eliminate ice and prevent slippery surfaces. Landlords who fail to take these basic steps could be held liable for the cost of any resulting slip-and-fall accident.

However, filing and fighting a personal injury lawsuit is often easier said than done.

Property owners are, after all, entitled to a wide range of strong legal defenses. One of the most commonly raised defenses in winter weather-related claims is the “storm in progress defense.” This defense suggests that a business cannot typically be held liable for the impact of an ongoing weather event. In other words, if a landlord did not have enough time to remove snow or ice from their premises, they may not be liable for any resulting injuries.

The storm-in-progress defense is supposed to be a way for businesses to end lawsuits that were not filed in good faith, but it can also be used as a crutch to help bad actors evade liability.

You do not have to accept excuses in place of compensation. For more than 30 years, the Dietrich Law Firm P.C. has fought to protect the rights of families in and around Syracuse. A recognized U.S. News & World Report Best Law Firm, we know what it takes to overcome even the strongest defense, and we have the results to prove it. If you have been injured in a slip-and-fall accident that was not your fault, call Jed Dietrich, Esq., at (866) 529-5334 to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Across the state, courts have repeatedly found that property owners have a legally binding duty to keep their premises in a reasonably safe condition. However, judges have identified several key exceptions to this general expectation. In 2016, for instance, a New York State Trooper filed a lawsuit against the Thruway Authority for injuries sustained in a snowmobile accident. On review, an appeals panel found that the Thruway Authority could not be held liable for injuries that occurred “during an ongoing storm.”

Earlier decisions demonstrate some of the logic behind this unusually strong defense.

In another weather-related case, a judge observed that “shovel[ing] snow while continuing precipitation or high winds are simply re-covering the walkways as fast as they are cleaned [would] … [render] the effort useless.”

The effect of these decisions is plain: if a storm is in progress, property owners are not expected to engage in routine maintenance like shoveling snow and salting sidewalks. Furthermore, this defense can be used to offload liability during other weather-related events, including, but not limited to, the following:

1. Blizzards;
2. Extraordinary accumulations of freezing rain; and
3. Any other amount of precipitation is significant enough to disrupt transportation infrastructure.

The storm-in-progress defense rests on a simple logic: that no one should be penalized for the damage caused by an uncontrollable force of nature. It is a strong defense, but it is not an impervious defense. For the storm in progress, for defense to succeed, the defendant must demonstrate that the weather conditions were so severe that they were incapable of performing the legally required maintenance for the duration of the event.

New York’s legal system has long struggled with the weather.

The storm-in-progress defense is a strong defense, which means that it is sometimes misused. It exists to protect property owners from conditions they cannot control, but it cannot shield them if:

1. The weather was not actually severe;
2. The weather conditions improved to the point that maintenance could reasonably be performed; and
3. The accident was caused by negligence that preceded the weather conditions.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes slip-and-fall claims. Depending on the circumstances of your accident, our experienced team of personal injury lawyers could help you overcome a storm in progress defense by:

1. Analyzing weather data. Since the Dietrich Law Firm P.C. works with clients in Syracuse and throughout Upstate New York, we have significant experience litigating weather-related accident claims. We regularly review quantitative weather data, which we use to determine if an inclement condition meets the standard to be categorized as a severe weather event.
2. Investigating your accident. The storm-in-progress defense only works if the dangerous condition that caused your accidenthad no explanation beyond the weather. Property owners can still be held liable if a prior act of negligence created the dangerous condition.
3. Assessing the property owner’s response. Once the weather has cleared, property owners must resume routine and reactive maintenance. The Dietrich Law Firm P.C. could use evidence like surveillance footage, employee testimony, and eyewitness interviews to determine how much time elapsed between the time that the storm ended and the time that the property owner began clean-up.

You should not have to bear the burden of a property owner’s negligence.

If you or a loved one has been injured in a slip-and-fall accident that was not your fault, the Dietrich Law Firm P.C. could help explore your best options for effective legal relief. Since our founding in 2005, we have helped our clients in Syracuse and throughout the state secure more than $300 million in damages. We could help you, too. Please send us a message online or call us today at (866) 529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at (866) 529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!