New Jersey Slip and Fall Lawyers: Storm in Progress Doctrine
In a 2005 decision, the Court of Appeals set forth the “storm in progress” doctrine, which states that a property owner is not liable for injuries sustained as a result of icy conditions during an ongoing storm or for a reasonable time thereafter. This case was Solazzo v. New York City Transit Authority. After Solazzo, there were some lingering, unanswered questions: What constitutes an “ongoing storm?” What constitutes a “reasonable time thereafter?” In May of 2016, the New York Court of Appeals addressed this doctrine and shed some new light on these questions.
In this recent case, a New York state trooper who was stationed at the barracks in Newburgh, N.Y. claimed that he was injured after slipping and falling on an icy walkway at the barracks. He testified that the night before his slip and fall accident there had been an ice storm, and while he was driving to work, there was a “wintry mix” of sleet and rain. He claims that when he arrived at work just before 7:00 in the morning, there was an “intermittent wintry mix.” An hour after he arrived at work, he had to leave to respond to a traffic accident. A light rain was falling. The officer slipped and fell on a patch of ice on the sidewalk. The trooper argued that the snow and ice storm had ended around 5:45 a.m., several hours before his fall around 8:00 a.m.
A maintenance supervisor testified that during a storm, sidewalks were only cleared after service areas and roadways had been cleared first. The maintenance men who were working testified that it had been raining prior to the trooper’s accident.
The Court granted summary judgment to the Thruway Authority who was responsible for maintaining the premises, finding that precipitation was falling at the time of the accident and before. Temperatures were near freezing. Therefore, there was a storm in progress according to the court.
In short, it seems that rain following a snow or ice storm without a temporal break could be defined as a “storm in progress,” meaning that a landowner’s duty to clear the premises will not be triggered until the rain has completely stopped.
New Jersey Slip and Fall Lawyers at Eichen Crutchlow Zaslow, LLP Represent Victims of Slip and Fall Accidents in New Jersey
If you have been injured because a business or property owner failed to remediate a dangerous condition, you may be entitled to compensation. Contact one of the experienced New Jersey slip and fall lawyers at Eichen Crutchlow Zaslow, LLP as soon as possible after your accident. We have extensive experience in premises liability law, and the successful track record to prove it. For a free consultation, call us at 732-777-0100 or contact us online today.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
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