January 13, 2026

Under Delaware Law, the Continuing Storm Doctrine allows for a property owner to wait until a storm is over, plus a reasonable time thereafter, to remove snow and ice from walkways, steps, sidewalks, entrances and platforms. The doctrine’s reasoning is practical: it would be inefficient and potentially futile to clean dangerous impediments (snow and ice) while the storm is still ongoing.

Businesses that are either open or closed during the storm can claim the continuing storm doctrine. Additionally, there is no duty placed on the property owner to warn of dangerous conditions on the property that have been created by the ongoing storm (such as snow or freezing rain). Importantly, property owners are not required to take any preventative measures prior to the storm that would curb the possible accumulation of snow and ice.

The Key Issue: “A Reasonable Time Thereafter”

The primary dispute during litigation is what constitutes “a reasonable time thereafter.” In other words, at what point after the storm has concluded does the property owner have a responsibility to begin removing any snow or ice?

Many local ordinances refer to the amount of time after a storm that snow should be removed. Property owners should take into consideration their controlling ordinance, which a court may use to establish what a reasonable time to remove snow should be.

Key Takeaways for Property Owners

• You have no duty to clear snow and ice while snow or freezing rain is still falling
• You have no duty to warn customers that snow or ice may be on the property while the storm is in progress
• You have no duty to take pre-storm preventative measures (i.e. salting, blocking-off areas on your property susceptible to snow or ice accumulation)
• You should review your local ordinance(s) for their procedure on timely snow removal
• If your property has video cameras or recording devices, take steps to preserve footage that was taken during the storm (the period between snow starting and stopping)
• Video does not need to capture the actual slip and fall to be useful. Video showing when the storm began and ended may eliminate factual disputes regarding timing and avoid costly retroactive weather opinions that may or may not be able to pinpoint a storms timeline for a specific location.

NOTE: Claims are not likely to be made directly after the incident, and oftentimes not until the end of the two-year statute of limitations. It will be much less efficient, and much more costly, to find and preserve footage at that point. Take affirmative steps now to save money later.

If you need assistance, please contact us at 302-477-7100 or email Delaware Managing Partner Arthur D. Kuhl at akuhl@regerlaw.com.