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

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