In Werner v. Jag 1st Ave Realty LLC, 223 A.D.3d 603, 202 N.Y.S.3d 122 (2024), Farber Brocks & Zane, LLP successfully represented Jag 1st Ave Realty LLC in a slip-and-fall case involving a storm-in-progress defense. The plaintiff filed suit after slipping on snow and ice on the property, claiming the property owner was negligent in failing to clear the walkway.
The court granted summary judgment in favor of the defendant, applying the storm-in-progress doctrine, which provides that property owners are generally not liable for accidents that occur during a storm if they have not had a reasonable opportunity to remove snow and ice. In this case, the defendant made a prima facie showing of entitlement to summary judgment by submitting certified climatological records confirming that snow was falling at the time of the plaintiff’s accident. Additionally, the plaintiff’s deposition testimony acknowledged the heavy snow at the time, further supporting the storm-in-progress defense.
This decision underscores the effectiveness of the storm-in-progress doctrine in premises liability cases, and how careful documentation, including weather records and witness testimony, can be crucial in defending against slip-and-fall claims. Farber Brocks & Zane’s expertise in handling complex premises liability defenses was instrumental in securing this favorable ruling for Jag 1st Ave Realty LLC.