When winter arrives, so do slip and fall accidents. Property owners face lawsuits from people injured on snowy walkways. A common defense is the storm in progress doctrine. It protects owners from liability for injuries caused by snow and ice during an active storm. The rationale is simple. It is unreasonable to expect anyone to keep surfaces clear while precipitation falls. Any effort would be wasted. Therefore, the law does not require snow removal during the storm. Instead, it gives owners a window after the storm ends to address the hazard. That window is not unlimited. It depends on what is reasonable.

The doctrine applies to both commercial and residential properties. A shopping center and a private home both get protection during a storm. But the expected response time after the storm differs. A business with heavy foot traffic must act faster than a house that sits empty. Owners are relieved of the duty to shovel while the storm is blowing. Once the storm stops, the clock starts. A reasonable time might be a few hours for a store that opens in the morning. For a remote rental property, it might be longer. Courts look at the severity of the storm, the availability of equipment, and practical realities.

The doctrine only covers natural accumulations. If an owner creates an artificial hazard, the doctrine offers no protection. For example, a plow pushing snow into a giant pile against a door creates an unnatural condition. That pile can melt and refreeze into ice. A drainage system that backs up and floods a walkway is also artificial. Owners are responsible for these hazards at all times, even during a storm. If they clear snow but do it negligently, leaving a thin layer of ice that was not naturally present, they can be liable. The doctrine does not reward careless efforts.

Exceptions exist for pre-existing hazards and roof snow. Suppose a sidewalk had a patch of ice from an earlier freeze. A new storm hits, and someone slips on that old ice. The doctrine does not apply because the ice was not formed by the current storm. Owners must address known hazards before a storm. Roof snow is another exception. Snow on a roof can slide off and strike a person. Courts hold owners to a higher duty because roof snow is foreseeable. During a storm, owners may need to prevent roof avalanches, such as using snow guards or removing snow periodically.

Local ordinances can override the doctrine. Many cities have specific snow removal laws. They require sidewalks to be cleared within a certain number of hours after a storm ends, such as 12 or 24 hours. These fixed deadlines replace the “reasonable time” standard. If an owner violates an ordinance, they may be considered negligent per se. That means the violation proves breach of duty. The doctrine cannot excuse a failure to comply with local law. Owners should check their municipal codes and arrange snow removal services. Ignorance of these laws is not a defense.

For those injured during a snowstorm, the doctrine makes claims difficult but not impossible. A plaintiff must show the hazard was not a natural accumulation from the active storm. They might prove the owner created an artificial danger, or failed to address a pre-existing problem. They could also argue the storm had ended and the owner waited too long. The key issue is timing. Was it still snowing when the injury occurred? If yes, the owner is usually protected. If no, the owner’s response time is critical. Both sides should gather weather data, maintenance records, and witness statements.

Understanding the doctrine helps everyone. Property owners can plan snow removal strategies without panic. They know they are not required to fight the storm head on, but they must be ready to move quickly once it ends. Injured parties can assess whether they have a valid claim. The doctrine is not an automatic bar to recovery. It is a factual defense based on specific conditions. By knowing how it works, owners can reduce risk, and lawyers can better prepare cases. Ultimately, common sense governs. Do not shovel during a blizzard, but do not leave the walkway icy after the sun comes out.