Homeowners in New York City are generally better off, from a legal standpoint, not shoveling snow in front of their homes.  There is generally no duty for a homeowner to clear the sidewalks of snow, but when they do shovel — and wind up doing a poor job — they can be held liable.

The “Storm in Progress” rule provides that a property owner is not liable for incidents resulting from accumulation of snow and ice until an adequate period of time has passed following the end of the storm. However, a recent NY case has shown that an owner’s good intentions to can render this rule moot by clear snow during an ongoing storm.

In Yassa v. Awad, the defendant homeowner undertook snow removal efforts while it was still snowing. Citing to the fact that the accident occurred while the storm was in progress, the owner moved for summary judgment, but the motion was denied.

The Second Department held that once a property owner elects to remove snow during a storm, his or her actions must be with reasonable care so as to avoid creating a hazardous condition or exacerbating a natural hazard created by the storm. In agreeing with the lower court’s decision, the Second Department found that the owner failed to show that the snow removal efforts during the storm did not create or exacerbate the alleged condition causing plaintiff’s fall.

While the ruling follows similar decisions regarding the creation of dangerous conditions during snow removal, it is unfortunate that the homeowner was punished by being proactive.

Thanks to Jung Lee for his contribution to this post.  For more information, please write to Mike Bono.