The storm in progress defense, which usually comes about in slip and fall cases, is a narrow exception that states that property owners are not responsible for any injuries that occur within the property while a storm is in progress. However, there are instances where this defense can be used to escape liability in car accident cases, particularly by the state. As such, the team at Gabriel Law will be stepping into the shoes of a car accident lawyer NYC and exploring how this defense can impact your case.
What is the storm-in-progress defense?
As a property owner, you have a duty of care to keep your property reasonably safe and warn visitors about potential hazards, and if you have failed to perform this duty, you could be held liable for the injuries sustained.
However, if the visitor suffered injuries in the middle of a storm, the property owner can argue that they should not be held liable because the injuries were the result of the effects of a storm and that the property owner did not have reasonable time to prepare and address the hazard.
How can the defense apply in car accident cases?
The storm in progress defense can apply to car accident cases when road conditions become a point of contention, and since the state has the responsibility to maintain the road, they will most likely be the ones to call on this defense.
For example, if a driver meets with an accident due to slippery road conditions, they would most likely file a case against the state for failing to maintain the roads. However, if the accident occurred in the middle of an ongoing storm, the state can argue that they should not be held liable for the accident since they did not have reasonable time to take the necessary steps to deal with the hazards.
The defense can extend for a “reasonable time” after the storm ends. What counts as reasonable time is subjective and can depend on how long it would usually take for the authorities to clear a particular type of hazard.
How can you dispute the storm-in-progress defense?
The storm in progress defense is not an absolute defense, and if you’re looking to disprove the State in situations where they take up this defense, you must prove that—
- The hazardous road conditions existed before the storm occurred (e.g., old black ice, potholes, poor drainage, etc.).
- Even though the city had reasonable time after the accident, they had failed to address the hazard.
- The contributing factor was unrelated to the weather (e.g., malfunctioning traffic lights, obscured traffic signs, etc.).
Ultimately, if you can show that the primary cause of the accident was not the storm or weather but rather something else, the storm-in-progress defense will fail, allowing you to successfully hold the state liable for your injuries.
Conclusion
The storm-in-progress defense is a rather unique way that property owners and the state can use to deny liability for accidents. However, the success of this defense largely rests on the timing of key events, and as a person looking to claim compensation, you must show that the cause of the accident is not protected under this defense. In light of these circumstances, you will need an attorney to help gather the evidence you need and build a case that overcomes this defense. This is where you need Gabriel Law.
Over the years, we’ve been serving our community as the premier personal injury law firm NYC, and we are here to help build a case that can help you get the compensation you deserve. If you are interested in our services, schedule a free consultation with our team, and let’s get to work right away.
