Each year, Western New York (WNY) faces the brunt of lake-effect snow, with heavy, quick accumulations of snow making it a dangerous season for pedestrians. Property owners, especially those with high-traffic areas like store entrances, find themselves at greater risk of slip-and-fall accidents during the first snowfalls. However, the legal implications differ depending on the type of snowstorm or storm in progress at the time of the accident. In this blog, we will explore the distinction between incidents occurring during an active storm, referred to as a “storm in progress,” and those involving accumulated snow or ice, which require timely snow removal to prevent liability.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
Understanding Lake-Effect Snow and Its Impact on Slip-and-Fall Accidents 
Lake-effect snow is a phenomenon that affects WNY and parts of the surrounding Great Lakes regions. This type of snow is known for its rapid, intense nature, where the snow often falls heavily over short periods, leading to dangerous driving and walking conditions. As snow accumulates on sidewalks, steps, and other outdoor surfaces, the risk of slip-and-fall accidents increases. These accidents are especially prevalent in areas like store entrances where the flow of foot traffic is high.
The important legal distinction between incidents occurring during an ongoing storm and those happening after a storm’s end can influence whether or not a property owner is liable. These distinctions shape how businesses approach snow removal policies and how they prepare for the winter months.
Slip-and-Fall Claims During a “Storm in Progress”
A “storm in progress” is defined as the period during which snow is actively falling, causing hazardous conditions on walkways, parking lots, and entrances. During this time, property owners are often given some leeway when it comes to their duty to remove snow. This is because ongoing snowfall presents a continuous hazard that can’t easily be mitigated in real-time. For example, it would be unreasonable to expect a store owner to clear snow while it continues to accumulate in large amounts.
However, this doesn’t mean that property owners are free from responsibility. If an accident happens during this time, the claim will often hinge on whether reasonable steps were taken to prevent accidents in the first place. For instance, salt may be applied to icy spots even during snowfall, and temporary measures like putting out signs to warn pedestrians of slippery conditions may help reduce liability.
The key factor here is whether the storm is still ongoing and how quickly the property owner reacted to maintain safety. Courts generally give property owners some time to act, but a lack of any measures during an active storm may still leave the door open for claims, especially if the property owner failed to monitor conditions or clear walkways after significant snow accumulation.
Post-Storm Slip-and-Fall Accidents: The Importance of Timely Snow Removal
Once the snowstorm has passed, property owners have an immediate duty to ensure that their entrances, walkways, and parking areas are safe. In WNY, lake-effect snowstorms can end just as quickly as they begin, and the conditions that follow often result in slippery surfaces, frozen ice patches, and accumulated snow. During this post-storm period, businesses are expected to act quickly to clear the walkways.
If an individual slips and falls after the snowstorm has stopped and the snow has accumulated, the store owner’s responsibility is clear. The business owner is expected to have removed snow, salted surfaces, or taken other measures to ensure safe conditions. Failure to act within a reasonable timeframe can expose the property owner to liability. But the question remains: how soon is too soon for snow removal?
The law generally provides a window for property owners to clear snow after the storm, but this window is time-sensitive. In WNY, where snow can accumulate at rapid rates, snow removal should begin as soon as the storm ends. Even if a store owner waits for the plows to clear main roads, the sidewalks and entrances should be cleared within hours to prevent accidents.
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Legal Responsibilities of Property Owners: What You Need to Know
For property owners, the stakes are high when it comes to preventing slip-and-fall accidents during the winter months. The costs associated with legal claims, medical expenses, and potential reputation damage can be severe. To minimize these risks, property owners must understand their legal responsibilities and take appropriate measures to maintain safe conditions for customers, employees, and visitors.
- Snow Removal Policies
Businesses should have a clear snow removal policy in place, which includes timelines for clearing walkways and entrances and addressing potential hazards immediately after a snowstorm. This policy should be in writing and shared with all staff, ensuring everyone is aware of their duties during snow events. Some businesses even contract with snow removal services to guarantee quick response times during storms. - Regular Inspections
In addition to snow removal policies, regular inspections of the property are essential during winter months. Property owners or designated personnel should frequently check entrances, parking lots, and walkways for ice and snow accumulation. If an accident occurs due to untreated ice or snow, it is important to demonstrate that the business owner took proactive steps to maintain safety. - Temporary Warning Signs
Even during snowstorms or periods of active snowfall, placing temporary warning signs can help mitigate potential liability. Warning pedestrians about wet or slippery conditions creates an additional layer of protection for the business and helps reduce the likelihood of an accident. - Insurance and Liability Coverage
Businesses should review their insurance policies to ensure adequate coverage for slip-and-fall accidents, including those caused by winter weather conditions. Liability insurance will help protect the business in the event of a lawsuit, but it is always better to prevent these incidents from happening in the first place.
Best Practices for Snow and Ice Management: Proactive Tips for Property Owners
The key to avoiding slip-and-fall accidents during lake-effect snowstorms is being proactive and prepared. Below are some of the best practices that property owners should follow to reduce risks:
- Invest in Quality Snow Removal Equipment
Businesses should consider investing in high-quality snow removal equipment or hiring professional services. This ensures that the removal process is done efficiently and quickly, minimizing the time snow or ice is present on walkways and entrances. - Use Proper Ice-Melting Agents
Salting is essential for preventing ice buildup during and after snowstorms. While many people rely on rock salt, some businesses opt for more environmentally friendly ice-melting products that work at lower temperatures. This ensures that icy patches are mitigated even when the temperature drops below freezing. - Create a Response Plan for Snowstorms
Property owners should have a written response plan that outlines the steps to be taken before, during, and after a snowstorm. This includes who is responsible for snow removal, how often the property will be inspected, and what measures will be taken to prevent accidents. - Timely Communication with Employees and Tenants
For commercial property owners, effective communication with tenants and employees is key. Ensure that everyone knows how to report hazardous conditions and what the expectations are for snow removal. Regular updates about weather conditions and snow removal schedules can help ensure that no one is caught off guard.
The first lake-effect snowfalls of the season bring unique challenges for property owners in WNY, especially those with high-traffic areas like store entrances. Understanding the difference between a “storm in progress” and accumulated snow is essential for avoiding slip-and-fall claims. Property owners must be diligent about their snow removal practices, ensuring timely and efficient responses to reduce the risk of accidents. With a proactive snow management plan in place, businesses can protect themselves from costly liability claims while keeping customers and employees safe.
For assistance navigating slip-and-fall claims or to ensure your snow removal policies are compliant with local laws, contact Friedman & Ranzenhofer, PC. We are here to help you understand your rights and responsibilities during the winter months.