Storm in progress rule snow removal on New York sidewalk

What Is the Storm in Progress Rule in a NY Slip and Fall Claim?

  • Cherny & Podolsky
  • November 8, 2026
  • 10 min read

Accident & Injury Claims

Table of Contents

Winter weather creates a different set of legal questions than an ordinary slip and fall. The storm in progress rule is one of the most misunderstood parts of New York premises liability law, and it can decide a case before the facts of the fall are even examined. Many people assume a property owner is always responsible for snow or ice on their walkway, but New York courts see it differently.

Understanding how this rule works matters. It can completely block a claim, even when the hazard was real and the injury was serious. Knowing when the rule applies, and when it does not, is often the first step toward evaluating whether a winter fall case can move forward.

1. What the Storm in Progress Rule Means in New York

The storm in progress rule holds that a property owner has no duty to clear snow or ice while precipitation is still actively falling. Courts reason that constant cleanup during an ongoing storm would be unreasonable. Any cleared surface could become hazardous again within minutes. Our slip, trip, and fall accident team regularly reviews winter fall cases to help determine whether this rule applies to a specific incident.

This rule is not a loophole. It reflects a long-standing legal principle that duties of care must be realistic given the circumstances. A property owner cannot be expected to maintain a perfectly dry or ice-free surface during a live weather event.

The rule applies to both snow and freezing rain, and it covers sidewalks, parking lots, stairways, and building entrances. The key factor is always timing, not the severity of the hazard itself.

2. How the Rule Protects Property Owners During Active Weather

Property owners who can show that precipitation was still falling at the time of a fall often win early dismissal of a claim. Courts do not require a weather report to prove this defense. Witness statements, timestamps, and even video showing snowfall at the time can be enough.

This protection exists because New York courts know the practical limits of keeping a property clear. Expecting a building owner to shovel or salt in the middle of an active storm:

  • Would create a false sense of safety when conditions are still worsening
  • Would not meaningfully reduce the risk of a fall during continued precipitation
  • Could expose workers to additional hazards while attempting cleanup mid-storm

Because of these practical realities, the law gives property owners a window where no action is legally required.

3. How Courts Decide When a Storm Has Actually Ended

Figuring out exactly when a storm ended is often the most argued part of a winter slip and fall case. Weather data, including hourly precipitation records, often becomes key evidence. A storm does not need to stop for good before the clock starts running again. A clear, lasting break in the weather is usually enough.

According to Solazzo v. New York City Transit Authority, a property owner has no duty to clear an area while precipitation is actively occurring. The court rejected the argument that general awareness of recurring wet conditions during storms was enough to create liability on its own.

This decision remains one of the clearest statements of the rule in New York case law. It shows how much weight courts give to a simple fact: keeping a surface fully dry during nonstop bad weather is nearly impossible.

4. The Reasonable Time Standard After Snow or Ice Stops

Once a storm ends, the property owner’s duty does not begin the instant precipitation stops. New York law gives owners a reasonable period of time to inspect the property and fix hazards before liability can attach. What counts as reasonable depends on the storm’s severity, the size of the property, and the resources the owner has on hand.

According to Barresi v. Putnam Hospital Center, a fall that happened about one hour after snowfall ended was still within the protected window. The court found that one hour was not enough time for the property to reasonably address the hazard, and the claim was dismissed.

This standard means the timing of a fall relative to the end of a storm can be just as important as the hazard itself. A fall two hours after a storm ends may lead to a very different legal outcome than a fall two minutes after a storm ends.

5. How This Differs from Ordinary Notice in a Fall Case

Many fall cases turn on whether a property owner had notice of a hazard, meaning they knew or should have known about it before the injury happened. Our related article on notice in slip and fall cases explains how actual and constructive notice work when weather is not a factor.

The storm in progress rule works differently. It does not ask whether the owner knew about the ice. It asks whether the owner even had a legal duty to act yet, based purely on timing. A property owner can have full knowledge of icy conditions and still avoid liability if the storm was still ongoing when the fall occurred.

This distinction often confuses injured claimants. Knowing which framework applies, notice or timing, can change the entire direction of a case.

6. Situations Where a Claim Can Still Move Forward

The storm in progress rule is not absolute. Several situations can allow a claim to proceed even when weather was a factor:

  • The fall happened well after precipitation had clearly stopped
  • The hazard existed before the storm began and was not storm-related
  • The property owner made an attempt at cleanup that made conditions worse
  • A pre-existing drainage or structural issue caused ice to form in an unusual location
  • Local ordinances created additional, more specific obligations for the property

Each of these scenarios requires different evidence, and some require showing that the hazard was unrelated to the storm itself rather than a direct result of it.

7. Frequently Asked Questions

Does the storm in progress rule apply to private homes as well as businesses?

The rule generally applies to any property owner, whether residential or commercial, since it addresses the practical limits of maintenance during active weather. The specific facts of each property still matter when a court applies the rule.

Courts often rely on official weather records, maintenance logs, and witness accounts of conditions at the time of the fall. Surveillance footage showing active snowfall or its absence can also carry significant weight.

Yes, in some cases. If a cleanup attempt during the storm actually made the surface more dangerous, such as compacting snow into ice, the owner may lose the benefit of this defense for that specific area.

The reasonable time standard still applies, and a longer gap generally makes the storm in progress defense harder to use successfully. Courts look closely at conditions on the day of the fall rather than simply counting calendar days.

Black ice cases are evaluated differently, since they often involve refreezing rather than active precipitation. These cases usually return to a standard notice analysis rather than the storm in progress framework.

8. Steps to Protect Your Claim After a Winter Weather Fall

Taking the right steps after a winter fall can make a significant difference in how a claim is evaluated. Consider the following:

  • Note the exact time of the fall as precisely as possible
  • Take photos of the conditions, including any ice, snow, or wet surfaces
  • Identify whether precipitation was actively falling at the time
  • Request any available weather records for that date and location
  • Seek medical attention promptly, even if injuries seem minor at first

Local rules can also affect a claim. Our fall accident lawyer in Hempstead page outlines how certain municipalities set their own specific deadlines for snow and ice removal once a storm ends, which can work alongside or separately from the storm in progress rule.

💡Key Takeaways

  • The storm in progress rule means property owners generally have no duty to clear snow or ice while precipitation is still falling.
  • A reasonable period of time after a storm ends is still protected before liability can attach.
  • This rule focuses on timing rather than whether the owner knew about the hazard.
  • Certain situations, such as a worsened hazard from cleanup attempts, can still allow a claim to proceed.
  • Documenting the exact timing of weather conditions is one of the most important steps after a winter fall.

DID YOU FALL ON SNOW OR ICE IN NEW YORK?

Winter weather claims involve strict timing rules that can make or break a case. Whether your fall happened during a storm or hours afterward, understanding how New York law treats the timing of your accident is essential. Reach out today to discuss what happened and what options may still be available to you.

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Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case involves unique facts, and you should consult a qualified attorney to evaluate the specific circumstances of your situation.

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