Slip and Fall on Snow and Ice Injury – Overcoming the Storm In Progress Defense
Slip and Fall on Snow and Ice Injury – Overcoming the Storm In Progress Defense
Greenstein & Pittari, LLP | New York City Slip and Fall Lawyers Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
A snow and ice slip and fall accident in New York City can change your life in seconds. One untreated sidewalk, a slushy building entrance, or black ice in a parking lot can lead to broken bones, head trauma, missed work, and mounting medical bills. Then, many property owners and insurance companies try to avoid responsibility by invoking a familiar defense: the storm-in-progress doctrine.
At Greenstein & Pittari, LLP, we represent injured New Yorkers across all five boroughs. We move quickly to preserve evidence, identify who controlled the location, and build the proof needed to overcome the storm-in-progress defense and pursue the compensation you deserve.
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Call 1-800-VICTIM2 (1-800-842-8462) to speak with a New York City slip and fall attorney.
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NYC snow and ice slip and fall cases are about duty, timing, and proof
Under New York law, the person or entity in control of property must use reasonable care to keep the premises reasonably safe for foreseeable visitors. In a typical NYC slip and fall case, the injured person must prove:
- The defendant owed a duty of care as an owner, landlord, tenant, management company, contractor, or other party in control
- The defendant failed to act reasonably under the circumstances
- That failure caused the fall and injuries
- The injured person suffered damages, such as medical expenses, lost income, and pain and suffering
Snow and ice claims are fact-intensive. The outcome often depends on who controlled the area, when precipitation stopped, whether conditions refroze, what maintenance was performed, and whether the hazard was predictable and preventable.
What is the storm in progress defense in New York City?
The storm-in-progress defense is commonly raised after a winter slip-and-fall in NYC. It is based on the idea that property owners are not required to keep walkways clear while active precipitation is still falling. In many cases, the owner is allowed a reasonable time after precipitation ends to take corrective action.
What matters most is that the storm-in-progress doctrine is not an automatic immunity. It is a fact-driven defense. Whether it applies depends on:
- The exact time of the fall
- Credible weather-proof showing what was happening at that moment
- Whether the dangerous condition was caused by the current storm or something else
- What the property owner did before, during, and after the storm
Insurance carriers often try to stretch the storm timeline. We focus on hard evidence that shows what really happened.
When the storm is in progress, defense should not defeat your NYC claim
You may still have a heavy snow and ice slip and fall case in New York City if the evidence shows:
- Precipitation ended or was only trace, and the owner had time to act
- The hazard came from a prior storm and was not properly cleared
- The danger was caused or worsened by a property condition, such as:
- leaking gutters creating refreeze ice
- improper drainage and pooling water
- defective sidewalk or pavement creating an accumulation
- a broken snow-melt or heating system
- The owner ignored recurring icy conditions at the exact location
- The area required reasonable precautions, such as salting, shoveling, sanding, mats, or warning signs, especially near entrances, steps, ramps, and high-foot-traffic routes
- The owner performed snow removal in a careless way that made conditions more dangerous, such as partial shoveling that leads to melting and refreezing into black ice
NYC snow removal rules and local obligations
New York City is not anything goes during winter. Local rules can matter in determining whether a property owner acted reasonably.
Sidewalk responsibility in NYC
In many situations, owners must maintain adjacent sidewalks in a reasonably safe condition. Responsibility can vary depending on the type and use of the property.
Snow and ice clearing deadlines
NYC has snow and ice-clearing requirements under Administrative Code § 16-123, which generally require snow and ice removal within a set timeframe after precipitation ends, with limited exceptions, including overnight timing rules.
Even when a storm is in progress, NYC rules make timing and reasonableness central battlegrounds.
Who can be liable for snow and ice slip and fall accidents in New York City?
Depending on where your accident occurred, liable parties may include:
- Building owners and landlords
- Commercial property owners
- Tenants or businesses, depending on leases and control of the area
- Property management companies
- Snow removal contractors or maintenance contractors
- Government entities, in limited situations
Municipal cases have short deadlines.
If a City agency, public authority, or another municipal entity may be involved, you may need to file a Notice of Claim quickly, often under General Municipal Law § 50-e. Waiting can cost you the case, even if the injuries are severe. Speak with counsel as soon as possible if the location could involve a public entity.
Indoor slip and fall accidents during winter weather in NYC
Defendants sometimes try to use a storm in progress for indoor cases, arguing that water was tracked in during a storm. Indoor winter falls often involve different issues, including:
- Failure to place mats where needed
- Failure to post wet floor warnings
- Failure to inspect and mop regularly during heavy foot traffic
- Entryway flooding or pooling that is foreseeable during weather events
Even during bad weather, property owners can still be responsible if they failed to take reasonable steps to reduce a known indoor hazard.
How Greenstein & Pittari, LLP builds cases that overcome storms in progress
To beat a storm in progress, you need evidence that holds up in court. We pursue proof early, including:
- Time-stamped weather data from multiple sources
- Storm timeline analysis showing when precipitation started, changed, stopped, and whether conditions refroze
- Photos and video of the exact hazard and the surrounding area
- Surveillance footage, which can be overwritten quickly
- Witness statements
- Maintenance logs, inspection schedules, and contract records
- Evidence of prior complaints or recurring icing
- Site conditions such as drainage, gutters, slopes, lighting, mats, and salting practices
Snow melts, ice gets salted, and sidewalks get scraped. That is why speed matters.
Other common defenses in NYC snow and ice slip and fall lawsuits
Property owners and insurers rarely rely on only one defense.
Open and obvious
They may argue that the ice or snow was visible and you should have avoided it. In New York, visibility does not automatically eliminate liability. The key question is whether the condition was unreasonably dangerous, particularly in unavoidable routes, entrances, and high-traffic areas. At most, it can become a comparative fault issue.
Comparative negligence
New York follows pure comparative negligence. You can still recover compensation even if you are found partially at fault, although damages can be reduced. Insurers may claim distraction, footwear issues, or route choice. We work to keep fault allocation fair and evidence-based.
Lack of notice
Owners often say they did not know about the hazard. Notice can be actual or constructive. We investigate whether the condition existed long enough to be discovered through reasonable inspections, whether it was recurring, and whether the defendant’s maintenance practices were reasonable.
Trivial defect and assumption of risk arguments
Defendants may downplay the condition as minor or claim you accepted the risk. These arguments often fail when the hazard is unavoidable, recurring, or clearly dangerous under winter conditions.
What to do after a snow and ice slip and fall accident in New York City
If you can safely do so:
- Get medical care promptly
- Report the incident to the owner, building staff, or management and request an incident report
- Photograph and video the exact area, including wide shots and close-ups
- Get witness names and contact information
- Preserve your shoes and clothing from the fall
- Avoid recorded statements to the insurance company before legal advice
- Contact a New York City slip and fall lawyer quickly
Compensation in NYC snow and ice slip and fall cases
Depending on your injuries and proof of liability, compensation may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Long-term disability, limitations, and loss of enjoyment of life
- Out-of-pocket expenses related to the injury
Free consultation with a New York City snow and ice slip and fall lawyer
If you were injured in a snow and ice slip and fall in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, contact Greenstein & Pittari, LLP today. We are ready to explain your rights, identify potential defendants, and act quickly to preserve evidence.
Call 1-800-VICTIM2 (1-800-842-8462)
The call is free. The consultation is free. You do not pay us unless we are successful.
Why choose Greenstein & Pittari?
- Local Harlem office for convenience and trust
- No fee unless we win your case, Our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-Rated, Award-Winning Lawyers, including Best Lawyers and Super Lawyers
- Seven convenient locations throughout New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
Our motto is Don’t Be a Victim Twice.
FAQ: Snow and ice slip and fall in New York City, and the storm in progress defense
1) If it was snowing when I fell, do I automatically lose my case?
No. A storm in progress does not provide automatic immunity. The issues are timing, reasonableness, and whether the hazard was preventable, recurring, or caused by a separate condition.
2) What if the storm mostly stopped, but there were light flurries or drizzle?
That is often disputed. Courts consider whether precipitation was still accumulating and whether the hazard resulted from a prior storm or refreezing conditions.
3) What if the snow stopped and the sidewalk refroze later?
Refreeze often supports liability, especially when drainage, runoff, or poor maintenance created predictable ice formation.
4) How long does a property owner have to clear snow and ice in NYC?
Timing depends on the circumstances. NYC Administrative Code § 16-123 sets timing rules and exceptions. The legal question is usually whether the owner acted within a reasonable time and complied with applicable obligations.
5) Does the storm in progress defense apply to indoor slip and fall accidents?
Generally, no. Indoor cases often involve mats, warnings, inspection, and maintenance failures. Defendants may try to argue about tracked-in moisture, but courts closely examine whether reasonable safety measures were taken.
6) If the ice was visible, can they claim it was open and obvious?
They may try. In New York, open and obvious does not automatically eliminate liability. It can be a comparative negligence issue, especially if the hazard was unavoidable.
7) Can I still recover if the insurance company says I was partly at fault?
Yes. New York pure comparative negligence allows recovery even if you share fault, although damages may be reduced.
8) Who is responsible if I fall on a sidewalk in New York City?
Responsibility depends on location, adjacent property type, and control. Identifying the correct defendant early is critical.
9) What if a City agency, MTA-related location, or public authority is involved?
You may face strict notice requirements and short deadlines, including a Notice of Claim under General Municipal Law § 50-e. Do not wait.
10) Does my footwear ruin my case?
Not automatically. Footwear may be argued as comparative fault, but it does not necessarily defeat liability if the property owner was negligent.
11) Should I accept the insurance company’s first offer?
Usually not without understanding your full medical prognosis and the liability evidence. Early offers often come before the full scope of injury is known.
12) How much does it cost to hire Greenstein & Pittari, LLP?
We typically handle injury cases on a contingency fee basis. That means no attorney’s fee unless we recover compensation. Case costs and retainer terms vary.
13) What should I do right now if I am injured?
Please seek medical care, document the scene if possible, and contact a New York City slip-and-fall attorney as soon as possible so that evidence and deadlines do not slip away.
Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.