PLAINTIFF’S BURDEN IN STORM IN PROGRESS CASES
February 10, 2016 Posted By Jenna Elkind Insurance Coverage
In Burniston v. Ranric Enterprises Corp., (Argued 11/20/2015) the Appellate Division Second Department has recently reiterated an exception to the storm in progress rule. The storm in progress rule states that generally, a defendant property owner or tenant will not be liable for a slip and fall accident involving snow and ice until an adequate period of time has passed following the cessation of the storm to allow the owner or tenant an opportunity to rectify the hazards caused by the storm.
In Burniston to refute defendant’s storm in progress argument, plaintiff submitted evidence, including an expert meteorologist report, certified climatological data, and affidavits of the plaintiff and non-party witnesses, which raised a triable issue of fact as to whether plaintiff slipped and fell on snow which accumulated during the subject storm or whether plaintiff slipped and fell on an accumulation which was the product of a prior storm which was not properly cleared. The Appellate Court, therefore, found that the lower Court properly denied defendant’s Motion for Summary Judgment.
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