• Delaware Supreme Court Expands upon Continuing Storm Doctrine Decision in Laine by holding that it Applies Equally to Landowners and Snow/Ice Contractors.
  • July 2, 2018
  • The plaintiff slipped and fell during an ongoing snow storm. She sued, among others, the snow and ice contractor for the premises. She argued that the Continuing Storm Doctrine does not apply to independent contractors (the way it does to landowners) because they have a contractual obligation to remove snow and ice. The Delaware Supreme Court rejected this argument and reiterated that an independent contractor “does not incur a duty to make premises safe by undertaking snow and ice removal activities while the storm is on-going. Under the Continuing Storm Doctrine, reasonable care during a storm is to await the storm’s end and a reasonable time thereafter before removing ice and snow from the premises. If a landowner or its contractor voluntarily take steps to clear the premises before the storm ends, as the Appellees did here, they are still protected from liability.”