With summer now over and the fall season just underway, the snowstorms from last winter are a distant memory for property owners. Prospective lawsuits stemming from those storms still lie ahead as the New York statute of limitations allows an injured person three years from the date of the accident to commence a lawsuit for personal injuries.1 This past winter distinguishes itself not just for the amount of snow that fell in New York State, but also the length of earlier snowstorms and the fact that new snow fell while there was still a substantial amount of snow on the ground from previous storms.
While property owners are still basking in the glow of a receding summer, we thought it an opportune time to address a defense that property owners can utilize in personal injury actions brought due to snow and ice conditions: the “storm in progress defense.”
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