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The Storm in Progress Defense

Jed Dietrich, Esq., Distinguish as an American Institute of Trial Lawyers Litigator of the Year and New York Super Lawyer, and His Team of Elite Attorneys at the Dietrich Law Firm P.C., Acclaimed as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm, Fight to Obtain Unrivalled Compensation for Victims Seriously Injured in Slip and Fall Accidents in Buffalo, New York.


Storm in Progress Under New York Law, property owners have a legal duty to exercise reasonable care to maintain their premises safely. This obligation includes remedying all potentially dangerous conditions, such as tripping hazards and slippery conditions, within a reasonable time. Property owners must make reasonable efforts to keep guests safe, even in cases where the underlying hazard is beyond their control. For instance, parking lots often pose a particularly high risk of slipping and falling when ice and snow are present throughout the cold winter months. Parking lot owners and operators have a legal duty to remove the snow and salt the ice to reduce the risk of accidents. When property owners breach their duty of care and injuries result, victims are entitled to seek a remedy through a premises liability lawsuit.

Nevertheless, the storm in progress defense suspends a property owner’s duty of reasonable efforts to remedy dangerous conditions resulting from an existing storm. Reasonable efforts typically pertain to corrective actions, such as shoveling snow, moping rainwater, or salting ice, along with providing sufficient warnings. The property owner’s duty to rectify any unsafe conditions related to the storm is not brought back until after the storm has ended. If you, or a loved one, have been seriously injured due to a negligent property owner, it is crucial to consult with a highly experienced personal injury attorney.

The Dietrich Law Firm P.C.’s veteran attorneys possess the skills and expertise necessary to successfully defeat any storm in progress defenses and ensure that you are in a position to obtain the highest possible recovery for your injuries.

The Dietrich Law Firm’s team of seasoned attorneys will not allow another’s negligence or carelessness to ruin your livelihood or way of life. You should not be forced to carry the burden of paying costly hospital bills, taking excessive time off from work, or other unforeseen future impacts. Being a victim of an accident is a devastating ordeal for many people. However, it does not have to be for you when you have the Dietrich Law Firm P.C.’s team of top rated premises liability accident attorneys on your side. Jed Dietrich, Esq. is dedicated and determined to obtain you the best possible result after your accident in Buffalo, New York, throughout New York State, and beyond. Insurance companies have paid Jed Dietrich, Esq. and his battle-tested team of attorneys over $175,000,000.00 in verdicts and settlements to compensate his clients for their serious injuries. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, is available 24 hours per day and 7 days per week by calling (716) 839-3939 or by filling out the online consultation form.

Conditions That Lead to the Storm in Progress Defense

The storm in progress defense is most commonly used in weather-related accidents, such as parking lot crashes, slip and falls, and other premises liability cases. Defense lawyers commonly try to employ the defense to show that an exception to the defendant’s ordinary duty of care owed existed. A landowner cannot be found negligent if he or she did not owe the plaintiff a duty of care. As mentioned above, the storm in progress defense suspends a property owner’s legal obligation to remedy a hazardous condition caused by a storm until the storm ends. The defense applies to both exterior surfaces such as driveways, sidewalks, and parking lots as well as interior surfaces. The legal doctrine implies a common-sense approach that it is not reasonable to expect property owners to provide continuous, non-stop remedies for hazardous conditions that an ongoing storm continues to heighten. For example, as long as a rainstorm continues, patrons and visitors may continue to track water into the store, causing slippery floors. Applying the storm in progress defense, the store owner would not have an obligation to wipe up the water every time someone enters the store. Additionally, a simple break in a storm is different from the storm ending and would not trigger the landowner’s duty to remediate the hazard.

WERE YOU, OR A LOVED ONE, SERIOUSLY INJURED DUE TO A PROPERTY OWNER’S NEGLIGENCE IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?

CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK PERSONAL INJURY ATTORNEYS AT (716) 839-3939 NOW TO OBTAIN THE HELP THAT YOU DESERVE!

Countering Possible Storm In Progress Defenses

1.    Consulting with Weather ExpertsThe Dietrich Law Firm P.C.’s battle-tested team possesses the experience and knowledge necessary to counter any storm in progress defenses that may arise and ensure that you are in a position to obtain the highest possible compensation for your injuries. Whether the storm in progress defense will apply in a specific accident is contingent on the facts of the case. Some successful strategies our veteran attorneys have used to defeat this defense include:

  1. Consulting with Weather Experts: Our world-renowned weather experts will review qualitative weather data from at least a week before the accident to determine if the precipitation that fell during the accident was consequential. Consulting with experts will also help us evaluate the source, type, and direction of the weather patterns that persisted at the time of the accident. When the precipitation at the time of an accident was only a trace amount, we can argue that the effects of the storm were insignificant, and the landowner’s duty of care was not exempt.
  2. Determine What Produced the Condition: The storm in progress defense is limited to snow or water that was tracked onto interior floors from the outside. The defense only pertains to slip and falls caused by the exact condition that was generated by the storm. For instance, if you slipped at a restaurant because a drink was spilled, the defense would not be applicable even if there was an ongoing blizzard.
  3. Argue That the Landowner Had Reasonable Time: Once a storm is over, a property owner’s duty to remedy the hazardous conditions is reinstated. Therefore, he or she must correct any hazardous conditions within a reasonable time. If a rainstorm ended in the morning and a victim slips because of rainwater at night, the landowner had the whole day to remedy the rainwater.
  4. Establish Preceding Conditions: Defendants are not protected from liability for neglecting to remedy dangerous conditions that preceded a storm. For example, if a sidewalk was icy for several days before a snowstorm, the court would almost certainly reject the storm in progress defense.

Personal injury accidents regularly involve painful injuries that must be sufficiently proven and successfully negotiated by a skillful lawyer. It is imperative to retain a practiced personal injury attorney with extensive experience countering possible defenses and hold those responsible accountable. Jed Dietrich, Esq. has exclusively handled serious personal injury cases throughout the United States since 1999, which includes many premises liability accident lawsuits. Allow Jed Dietrich, Esq. and his elite team lawyers to handle your claim and pursue the compensation that you deserve. We will help alleviate your stress and anxiety during this challenging time so that you can concentrate on recovering. The Dietrich Law Firm P.C. offers complimentary case evaluations and consultations. Jed Dietrich, Esq., recognized as an American Institute of Personal Injury Attorneys 10 Best Attorneys, would be honored to speak with you regarding your accident. Contact the Dietrich Law Firm P.C.’s veteran team today at (716) 839-3939. Our seasoned attorneys are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!


Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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