FOR BREAKING NEWS VISIT WWW.QNS.COM MARCH 28, 2019 • THE QUEENS COURIER 77
THE SHOVELER
Q: In the parking lot of the strip mall next door to my home, leaving Dan’s Deli,
I slipped and fell on a patch of ice. Although the Deli was just a tenant, Dan would
often do the snowplowing. The weatherman says that, that morning, snow had fallen
at a nearby airport. But I am sure that it did not snow or rain that morning in our
neighborhood.
A: Under the so-called ‘storm in progress’ rule, a property owner will not be
held responsible for accidents occurring as a result of the accumulation of snow and ice
on its premises until an adequate period of time has passed following the cessation of
the storm to allow the owner an opportunity to ameliorate the hazards caused by the
storm. Here, your attorney will argue that your testimony beats the weatherman’s:
there was no ‘storm in progress’.
You are likely to sue both the Deli and the landlord. However, an agreement
by the Deli with the landlord to remove snow will not necessarily render the Deli liable
in tort for your personal injuries. Generally, the courts say that an entity like the Deli
may be held liable only where, in undertaking to render services, the Deli entirely
displaces the duty of the landlord to maintain the premises in a safe condition, you rely
on the Deli’s continued performance under the agreement, or the Deli has negligently
created or exacerbated a dangerous condition.
A classic example of exacerbating the dangerous condition is piling the snow
to the side of the parking lot, whereupon it melts back into the parking lot, and
refreezes to become the patch of ice you fell on. Your attorney is likely to check as to
whether this had occurred.
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