The winter of 2010 - 2011 was one for the history books. There was a record breaking amount of snow and ice, which led to a slew of law suits. Here is what you need to know to protect yourself.

You have a Reasonable Amount of Time After the Storm is over to Begin Snow Removal

Generally, in Connecticut, a property owner or lessor owes a duty of care to visitors. This requires property to possessors to maintain the premises in a reasonably safe condition. Liability will fall on owner or lessor (or both) depending on the facts and circumstances surrounding each case as well as the terms of the lease.

In 1989, the Connecticut Supreme Court ruled a landowner is not obligated to begin removing snow and ice accumulations until after the storm has passed. Once the storm is over, a property owner has a reasonable amount of time to remove the snow and ice.   What is a reasonable amount of time? The answer depends on where you live and whether your city or town has an ordinance concerning snow and ice removal.   Typically, this type of ordinance would include a time frame for snow and ice removal from sidewalks. This may vary by location and the range can be considerable. If no ordinance exists it may be up to the jury to determine the window of reasonableness.

The Unusual Circumstances Exception

The rule that there is no obligation to remove snow until a reasonable amount of time after a storm has passed holds true unless an unusual circumstance arises. Connecticut courts have only ruled once that there was an unusual circumstance which required snow removal. In that case after an overnight storm, a resident attempted to leave her apartment building by the front steps at 9:00a.m. The steps were the only practical exit from the building and they were still piled high with snow. The resident fell on the steps and was injured. The Appellate Court ruled in her favor, based on the unusual circumstance exception because there was no other way for her enter or exit the building.

The New Rule:

If You Begin Snow Removal Prior to the End of the Storm, You Must Remove Snow Reasonably

After last winter, a Superior Court judge issued a new ruling which may throw a wrench into this rational and established approach to snow removal. In the new case the Honorable Emmett Cosgrove of the New London Judicial District looked at the duty of care that is owed once someone starts removing snow in the middle of a storm instead of waiting until the snow has stopped. For many commercial businesses, apartment owners, and private residents, plowing or shoveling snow throughout the course of a storm is practical. It prevents the buildup of excessive snow in parking lots and outdoor areas. It also allows plows to sweep through parking lots when there are fewer cars and pedestrians.

The law is very clear that there is no obligation to begin removing snow until after the storm. However, Judge Cosgrove's new twist requires that if a property owner begins snow removal during a storm he or she must do so "reasonably". The issue of what constitutes reasonable snow removal is not well defined. In the new decision, Manning v. S.R. Weiner & Associates, Inc. CV 106002710S, 2011 Conn. Super. LEXIS 733 (Conn. Super. Mar. 22, 2011), the court looked at whether it was reasonable and necessary to apply sand and/or salt if a parking lot was plowed during a storm. The judge ultimately ruled that if snow removal started during the storm it had to be reasonable but whether applying sand and/or salt was reasonable was a question of fact left for the jury.

The new ruling creates a level of uncertainty in the law. Thankfully, Superior Court decisions are not controlling statewide. Still, the ruling could force property owners to make tough decisions in hard economic times. The cost of salt is expensive and requires an additional step on the part of the person removing the snow. Plow companies and business owners could face the tough choice of spending more money to continue removing snow during a storm, leaving all the snow until the storm ends and racing to complete removal or risking an unknown level of liability exposure.

Until an Appellate Court clarifies the law (again), property owners and possessors should exercise caution and diligence if they choose to begin snow removal before the end of the storm. Whatever you decide to do, make sure your insurance provides coverage for injuries occurring on snow and ice.