Practice point: Under the 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. A person responsible for maintaining property is not under a duty
to remove ice and snow until a reasonable time after the cessation of
the storm.
Student note: However, once a property owner elects to engage in snow
removal activities, the owner must act with reasonable care so as to
avoid creating a hazardous condition or exacerbating a natural hazard
created by the storm.
Case: Wei Wen Xie v. Ye Jlang Yong, NY Slip Op 07167 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Negligent infliction of emotional distress, and prima facie tort.
