Storm-in-progress doctrine A New York rule suspending a property owner's duty to clear snow or ice from sidewalks while a storm is still ongoing, and for a reasonable period after it ends.
Under this doctrine, an NYC owner generally is not liable for a fall on snow or ice that accumulated during an active storm, since clearing a sidewalk mid-blizzard would be futile. The protection ends once the storm stops and a reasonable time to clear has passed; NYC's snow removal rules then set specific clearing windows. Owners can still be liable if their earlier incomplete shoveling made conditions worse, for example by leaving a lane of packed ice. Documenting when a storm ended and when crews cleared your frontage is valuable evidence if a claim follows.
Frequently Asked Questions About Storm-in-progress doctrine
What is the storm-in-progress doctrine?
A New York rule that suspends a property owner's duty to clear snow or ice while a storm is still ongoing, and for a reasonable time after it ends.
Why does the rule exist?
Because clearing a sidewalk during an active storm would be futile. The law does not require owners to fight accumulation that is still falling.
When does the protection end?
Once the storm stops and a reasonable period to clear has passed. NYC's own snow removal rules then set specific clearing windows based on when the snowfall ended.
Can an owner still be liable during a storm?
Yes, if earlier or partial shoveling made conditions worse, for example by leaving a strip of packed or refrozen ice.
What documentation helps?
Records of when the storm ended, when crews cleared the frontage, and photos afterward. Official weather data is routinely used in these cases.