Premises Liability Involving Snow & Ice Conditions in the NY Tri-State Area

(136 Ratings)

Produced on: May 11, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Snowstorms in the New York tri-state area have been occurring with more frequency and severity in recent years. Winters have distinguished themselves not just for the amount of snowfall, but also the length of the storms and the fact that new snow fell while there was still snow on the ground from previous storms.  

For a property owner, bad weather is almost always accompanied by an increase in slip and fall accidents and lawsuits. These incidents can be a significant headache both for property owners and the attorneys who represent them. To defend against these claims (and minimize risk in the first place), it is necessary to understand both the framework of liability for snow or ice litigation and how certain defenses can apply to reduce that liability. Cases dealing with snow and ice conditions typically encounter a specific defense not afforded to other premises cases, the Storm in Progress Defense. When applied, this defense can absolve a property owner of any liability.

This course, presented by Ellen Greiper, Marvin Romero, and Stefan Borovina of Goldberg Segalla, LLP’s General Defense practice group, examines the application of premises liability with respect to snow and ice conditions in New York, New Jersey and Connecticut. It explores issues encountered in these cases including liability shifting statutes and the Storm in Progress Defense. The presenters also offer practical advice on minimizing risk and avoiding liability.

Learning Objectives: 

  1. Understand the application of premises liability principles with respect to defects resulting from snow or ice
  2. Identify the common defenses to liability from snow and ice defects
  3. Analyze key cases with respect to snow and ice liability and the application of the various defenses
  4. Assess the role snow removal contractors can play in reducing risk and their liability based upon contractual relationships
  5. Provide practical guidance to minimize potential risk due to snow or ice defects

Faculty

Stefan A. Borovina

Associate, Goldberg Segalla

Stefan Borovina focuses his practice on the defense of general and professional liability claims, including premises liability, construction site accidents, and attorney and medical/nursing home malpractice. He represents residential landlords, religious and charitable organizations, construction contractors, attorneys, physicians, and others in complex, high-exposure claims involving allegations of negligence and significant injuries.

With credentials that include the Department of Labor OSHA-30 Construction and General Industry Training, Stefan regularly counsels clients on implementing effective safety practices in the workplace, minimizing OSHA liability, and responding to citations. He is a frequent author on OSHA issues and a contributor to Goldberg Segalla’s OSHA: Legal Developments and Defense Strategies blog.

Before joining private practice, Stefan served as an Assistant District Attorney in the Nassau County District Attorney’s Office. There, Stefan was a member of the Vehicular Crimes Bureau, where he prosecuted various crimes including driving while intoxicated/impaired by drugs, vehicular assault and vehicular homicide. Stefan successfully tried numerous jury and bench trials to verdict. 

While attending law school, Stefan worked as a Student Assistant District Attorney for the Domestic Violence Bureau of the Queens County District Attorney’s Office; as an intern for the New York County District Attorney’s Office, the U.S. Attorney’s Office of the Eastern District of New York, and the New York State Supreme Court Appellate Division, Second Department; and as a judicial intern for the Honorable P. Kevin Castel of the U.S. District Court for the Southern District of New York. 


Ellen H. Greiper

Senior Partner, Goldberg Segalla

Ellen Greiper has more than three decades of experience defending multi-party construction and construction defect cases in the state and federal courts of New York. An appointed arbitrator for the district courts in Nassau County, New York, Ellen — who also has extensive experience litigating high-exposure premises liability, Labor Law, and personal injury matters that arise from construction site accidents — is also a mediator for trial-ready cases in the Supreme Court of Nassau County. Ellen’s streamlined discovery techniques and proactive approach to complex litigation translates into effective and expedited solutions for clients.

A prolific author and frequent speaker on emerging issues in the construction industry, Ellen is also a member of a number of professional industry organizations. Those memberships include the Construction Specifications Institute, DRI’s Construction Defect Committee, and Professional Women in Construction, where she serves on the Board of Directors of its New York Chapter, the organization’s founding and largest arm.  In 2013, Ellen co-authored a comprehensive survey examining a cross-section of construction cases from around the country for Mealey’s Litigation Reports: Construction Defects. She is also the editor of the firm’s Labor Law Update, which examines the latest developments regarding New York’s Labor Law and construction site accidents.  

In 2016, Ellen was named an Achiever by the Long Island Center for Business and Professional Women, an annual honor bestowed by the organization on a select group of women who demonstrate extraordinary professional accomplishments and leadership. 


Marvin N. Romero

Partner, Goldberg Segalla

Marvin Romero has more than 10 years of experience defending clients in state and federal courts. He has represented a wide range of corporate, municipal, and individual defendants in a variety of civil litigation matters, including insurance law, municipal law, premises liability, discrimination, negligence, and product liability claims. Marvin also handles commercial litigation cases, and has conducted mediations, arbitrations, and appeals. 

Marvin previously served as outside counsel to a major insurance company. In that role, he defended coverage disputes, vehicular negligence, uninsured motorist claims, and no-fault claims. In addition, Marvin has experience litigating breach of contract matters and negotiating settlements on behalf of general contractors, medical service providers, and alarm companies. 

While receiving his juris doctor from Brooklyn Law School, Marvin was the recipient of Center for Computer-Assisted Legal Instruction (CALI) Excellence for the Future Award in Commercial Paper and was a dean’s list student. He was also a dean’s list student at Rutgers University, where he received a bachelor of science degree in administration of justice and a bachelor of arts degree in sociology. 


$59

$ 59 Insurance Law and Personal Injury and Negligence In Stock

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