Slipped on Ice in New York? The Property Owner's Best Defense May Not Hold Up.
The storm-in-progress doctrine is the argument every property owner's insurance company reaches for first — and it's the argument we've defeated at the Appellate Division. If you were hurt on an icy sidewalk, driveway, or parking lot in the Bronx or anywhere in New York City, your case may be stronger than you think.
What New York Property Owners Are Required to Do After a Storm
New York law does not give property owners unlimited time to clear snow and ice once a storm ends. Residential property owners must clear sidewalks within four hours of a storm's conclusion. Commercial property owners — stores, office buildings, landlords of larger residential buildings — are expected to act immediately. When they fail, and someone gets hurt, that failure creates legal liability.
The key phrase is "after a storm ends." That distinction matters more than most people realize, and it sits at the center of nearly every snow and ice injury case in New York.
The Storm-in-Progress Defense — and Why It Doesn't Always Win
Under New York's storm-in-progress doctrine, a property owner may not be held liable for injuries that occur while snow or ice is still actively accumulating. The theory is that requiring a property owner to clear conditions that are still forming is unreasonable. Insurance companies and defense attorneys use this rule aggressively — often as a motion to dismiss your case before it ever reaches a jury.
What they count on is that most attorneys won't fight back effectively. The doctrine has real exceptions, and proving them requires understanding how courts have interpreted the rule over decades of winter premises liability litigation in New York. We know those exceptions. We've used them to win.
Braxton v. Brown: We Won This Argument at the Appellate Division
In 2024, the New York Appellate Division, Second Department issued a reported decision in Braxton v. Brown. The lower court had granted summary judgment to the defendant — meaning a judge had decided the storm-in-progress defense applied and dismissed the case before trial. We appealed. The Appellate Division reversed that decision, finding that an exception to the doctrine applied and that the plaintiff was entitled to have the case heard by a jury.
That outcome is not common. Reversing a grant of summary judgment on storm-in-progress grounds requires a thorough command of the applicable case law, the ability to identify the factual record that supports an exception, and the appellate experience to present it persuasively. This is the kind of result that separates firms that handle snow and ice cases from firms that have actually litigated them at the highest levels.
What We Investigate When You Slipped on Ice
You do not need a witness to have a viable case. The conditions that caused your fall can often be reconstructed after the fact using sources that most people don't know are available.
Weather Records and Storm Timing
National Weather Service data and commercial weather reporting services can establish precisely when precipitation began, when it ended, and how much accumulated at a specific location. This record is often the foundation of defeating a storm-in-progress argument — because it shows the storm had ended well before you fell, and the property owner had time to act.
Building Maintenance Logs and Prior Complaints
Property owners are required to maintain records of maintenance activity, including snow removal. When those logs show no action was taken after a storm ended, they become direct evidence of negligence. Prior complaints about the same hazardous condition — from tenants, neighbors, or city agencies — can establish that the owner had notice of a recurring problem and still did nothing.
Photographs, Surveillance, and Physical Evidence
If you photographed the scene after your fall, those images are valuable. If you didn't, we investigate whether surveillance cameras captured the condition or the fall itself. We also look at the physical characteristics of the ice — layered, refrozen ice suggests the hazard existed for days before you were hurt, which undermines any claim that conditions were fresh from a recent storm.
Photographs, Surveillance, and Physical Evidence
If you photographed the scene after your fall, those images are valuable. If you didn't, we investigate whether surveillance cameras captured the condition or the fall itself. We also look at the physical characteristics of the ice — layered, refrozen ice suggests the hazard existed for days before you were hurt, which undermines any claim that conditions were fresh from a recent storm.
Common Snow and Ice Injury Scenarios We Handle
Icy Sidewalks in Front of Residential Buildings
If you photographed the scene after your fall, those images are valuable. If you didn't, we investigate whether surveillance cameras captured the condition or the fall itself. We also look at the physical characteristics of the ice — layered, refrozen ice suggests the hazard existed for days before you were hurt, which undermines any claim that conditions were fresh from a recent storm.
Commercial Parking Lots and Building Entrances
Supermarkets, shopping centers, office buildings, and retail stores have an immediate duty to address snow and ice at their entrances and parking areas. These property owners typically carry commercial insurance policies and have professional property management companies — which means both the resources and the responsibility to act quickly after a storm. When they don't, the consequences for customers and employees can be severe.
Municipal Sidewalks and City-Owned Property
Claims against New York City and other municipal entities involve a separate procedural requirement: a Notice of Claim must be filed within 90 days of the injury. Missing this deadline can permanently bar your recovery. If you were hurt on a city sidewalk, in a city park, or on property maintained by a government agency, call us immediately — the clock on your case started the day you fell.
Snow and Ice in Building Common Areas
Landlords and building management companies are responsible for maintaining safe conditions in lobbies, stairwells, building entrances, and shared outdoor spaces. Ice that forms inside a building entrance — from tracked-in snow or a leaking roof — is not protected by the storm-in-progress doctrine. The property owner's duty to maintain safe interior conditions is ongoing regardless of weather.
Slip and Fall on Black Ice
Black ice is particularly dangerous because it is nearly invisible on pavement. It typically forms when temperatures drop after a storm and residual water refreezes — often hours or days after the storm itself has ended. A property owner who failed to treat or sand a surface after the initial storm may be fully liable for injuries caused by black ice that formed afterward. These cases require careful attention to temperature records and the timeline between the storm and your fall.
How Long Do You Have to File a Snow and Ice Injury Claim?
Most snow and ice injury claims in New York carry a three-year statute of limitations, meaning you have three years from the date of your injury to file a lawsuit. If your injury occurred on city-owned property, the 90-day Notice of Claim deadline applies and cannot be missed. December through March are the peak months for winter injury claims in the Bronx — but injuries that happened months ago, or even in prior seasons, may still be within the filing window. Call us and we'll tell you exactly where you stand.
You Have a Fighter in Your Corner. Call Now.
Snow and ice cases move fast — evidence disappears, weather records age, and deadlines are unforgiving. With more than 30 years of personal injury experience, Super Lawyers recognition every year from 2009 through 2026, and a 2024 Appellate Division victory specifically on the storm-in-progress defense, we are prepared to take on the arguments that stop other cases cold. If you were hurt on an icy surface anywhere in the Bronx, Brooklyn, Manhattan, Queens, or Westchester County, call today for a free consultation.
Frequently Asked Questions: Snow and Ice Injury Claims in New York
What is the storm-in-progress defense and can it really end my case?
The storm-in-progress doctrine holds that a property owner cannot be held liable for injuries that occur while snow or ice is still actively falling or accumulating. However, the doctrine has recognized exceptions, and courts have reversed summary judgment rulings when those exceptions apply. We successfully argued one such exception before the Appellate Division in 2024 in Braxton v. Brown. This defense does not automatically end your case — it requires a careful factual and legal analysis.I slipped on ice several months ago. Is it too late to file a claim?
For most private property claims, New York allows three years from the date of injury to file a lawsuit. If the injury occurred on city or government property, a Notice of Claim must be filed within 90 days — but even in those situations, there may be options depending on the circumstances. Call us as soon as possible so we can assess your specific timeline.What if no one saw me fall and I can't prove the ice was there?
You do not need an eyewitness. We investigate weather records, building maintenance logs, prior complaints, and surveillance footage to reconstruct the conditions that caused your fall. Physical evidence from the scene, combined with meteorological data, can establish both the hazard and the property owner's failure to address it.Who is responsible for clearing the sidewalk in front of a building in New York City?
In New York City, the owner of the adjacent property is responsible for clearing the sidewalk within four hours after a snowfall ends — for residential properties. Commercial property owners are expected to act immediately. If the building owner fails to meet this obligation and someone is injured, the owner may be held liable.Do I have to pay anything upfront to hire Gottfried Law Group?
No. We handle snow and ice injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs and no fees if we don't win.
