If you manage a commercial property in New Jersey, you have probably heard some version of the "ongoing storm rule" mentioned by your insurer, attorney, or snow contractor. It is a real legal principle and it is currently the law in New Jersey, but it is also frequently misunderstood in ways that can lead to bad decisions about staffing, salting, and record-keeping during winter events. This article explains what the rule actually says, where its limits are, and why proactive clearing and documentation remain the smart operational answer even when the law is on your side.
What Is New Jersey's Ongoing Storm Rule?
The ongoing storm rule — sometimes called the "storm in progress rule" by property managers searching informally — says that a property owner is generally not required to remove snow or ice from walkways, parking areas, and other surfaces while precipitation is still actively occurring. Courts have long recognized that trying to fully clear a property in the middle of an active storm is often impractical: conditions change by the minute, and requiring perfect footing during a snowfall sets an unreasonable standard.
This is not a New Jersey invention out of nowhere. It reflects a common-sense judgment that liability for snow and ice should attach to unreasonable delay after a storm ends, not to the simple fact that snow was on the ground while it was still snowing.
The 2021 Pareja Decision
The rule's current strength in New Jersey traces to a specific case. On June 10, 2021, the New Jersey Supreme Court reinstated the ongoing storm rule in its Pareja decision. Before that ruling, an appellate court had narrowed the protection, creating uncertainty about how much responsibility commercial owners carried during active weather. The Supreme Court's 2021 decision restored the broader rule, giving property owners clearer footing on where their duty begins and ends during a storm event.
The Two Recognized Exceptions
The ongoing storm rule is not absolute. New Jersey courts recognize two situations where a property owner can still face liability despite an active storm:
- An owner's own actions created an unusual hazard. If a property owner or manager does something during the storm that creates a new, unusual danger beyond ordinary conditions — for example, moving a vehicle in a way that pushes snow or creates ice somewhere it did not previously exist — that specific hazard can fall outside the rule's protection.
- A prior storm's snow or ice was left unaddressed. If snow or ice from an earlier storm that had already ended was never properly cleared, and it created a pre-existing hazard before the next storm began, the ongoing storm rule does not shield that leftover condition.
The 2026 Gallardo Clarification
A 2026 New Jersey Supreme Court decision, Gallardo v. Walmart, clarified an important point about that first exception. The court held that ordinary, reasonable remediation efforts — such as salting a minor accumulation of snow during a storm — do not count as "unusual circumstances" and do not, by themselves, create liability. In other words, taking normal, good-faith action to make a property safer during a storm is not the kind of conduct the "created a new hazard" exception was meant to punish.
This clarification matters because it removes a disincentive that some property owners worried about: the fear that doing something during a storm could expose them to more liability than doing nothing. The 2026 clarification confirms the opposite intent — courts want to encourage proactive clearing and salting during a storm, not discourage it.
This Does Not Mean "Do Nothing" During a Storm
It is tempting to read the ongoing storm rule as permission to wait until a storm fully ends before doing anything. That is a risky misreading for several reasons.
First, the rule addresses legal duty to third parties during active precipitation — it does not eliminate operational risk. Tenants still expect safe access, deliveries still need to move, and a property that looks neglected during a storm creates real friction with tenants and customers even if it would survive a liability claim.
Second, the rule does not override specific snow and ice removal obligations that may already exist in a lease or management contract. Third, and most practically: once a storm ends, the clock starts. The exceptions above show that leftover snow and ice from a storm that has already passed is exactly the kind of condition that creates exposure, so consistent clearing through and immediately after a storm is what actually keeps a property defensible.
This is the operating philosophy behind plowing through a storm rather than waiting for it to stop. Continuous commercial snow plowing during active snowfall, paired with anti-icing pre-treatment and ongoing ice management and deicing as conditions change, keeps surfaces closer to safe throughout the event and eliminates the leftover-hazard problem the moment precipitation stops.
Why Documentation Still Matters, Even When the Law Is on Your Side
Here is the practical piece many property managers miss: the ongoing storm rule can protect you from liability for conditions during active precipitation, but it cannot prove, after the fact, what actually happened on your property. A claim filed weeks or months after a storm often comes down to a factual dispute — was it still snowing at the time of the incident? Had a prior storm's snow been left unaddressed? Was remediation reasonable?
Good records answer those questions before they become arguments. Documentation should generally include:
- Certified, third-party-verified snowfall data showing when precipitation started, stopped, and how much fell
- Timestamped records of when crews arrived on-site and departed
- Which surfaces were serviced, and when, during the event
- What equipment and materials were used, and in what quantity
- The property's condition at the end of service
This is exactly the function that certified storm reporting exists to serve for property owners: independently verified service and weather records that hold up when a claim needs a factual answer rather than a memory of what happened.
This Is General Information, Not Legal Advice
Everything above describes New Jersey's ongoing storm rule and its recognized exceptions as they currently stand, including the June 2021 Pareja reinstatement and the 2026 Gallardo clarification. It is provided for general educational purposes so property managers understand the operational stakes of winter weather events. It is not legal advice, and it should not be treated as a substitute for guidance specific to your property, lease terms, or a pending claim. If you have a specific legal question or an active situation, consult a qualified attorney licensed in New Jersey or your insurance carrier before making decisions based on this article.
A Practical Approach for Commercial Properties
Between the law's protections and its limits, the practical path for property managers is consistent: treat and clear surfaces throughout a storm rather than waiting it out, address any leftover conditions from a prior storm immediately, and keep verified records of what was done and when. That combination reduces both the likelihood of a claim and the difficulty of defending against one that is filed.
If you want to review how your property's current snow and ice program handles active-storm response and documentation, request a property assessment to talk through your specific sites and coverage.