Maurice Recchia discusses a recent decision that makes it clear that rain which follows without a temporal break from a snow or ice storm and which continues in time for several hours can be defined as a "storm in progress" such that a landowner's duty to clear the premises will not arise until the rain has ended. Time will tell whether the extra leeway seemingly granted by the majority will result in reduced vigilance by property owners.
May 20, 2016 at 02:00 AM
1 minute read
The New York Court of Appeals on May 5, 2016, addressed the “storm in progress” doctrine in a case that involved a winter rain storm in progress.
The “storm in progress” doctrine was clearly stated by the Court of Appeals in 2005 in Solazzo v. New York City Transit Authority: “A property owner will not be held liable in negligence for a plaintiff’s injuries sustained as a result of an icy condition occurring during an ongoing storm or for a reasonable time thereafter.”1
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