Navigating New York’s Dangerous Melt-and-Re-Freeze Cycle By Worby Vecchio Edelman, LLP on February 25, 2026

If you live in White Plains or anywhere in Westchester County, you know March weather can’t be trusted. One afternoon feels like spring. By nightfall, temperatures drop below freezing and what looked like harmless melting snow becomes a sheet of ice.

These aren’t dramatic blizzards. They’re quiet, deceptive conditions that lead to serious slip and fall accidents across parking lots, sidewalks, and apartment complexes throughout Westchester.

And in many cases, they’re preventable.

At Worby Vecchio Edelman, we regularly represent victims of premises liability cases caused by dangerous melt-and-re-freeze conditions. These incidents aren’t “just accidents.” They often stem from a property owner’s failure to take reasonable safety measures.

Why the “Melt-and-Freeze” may be More Dangerous Than a Blizzard

During a major snowstorm, hazards are obvious. Pedestrians are cautious, and property owners are focused on shoveling. However, the melt-and-re-freeze cycle is not an expected danger.

The Runoff Problem

Snowbanks along sidewalks throughout Westchester and elsewhere melt during the day. Water flows across pedestrian paths, apartment complexes, shopping centers, and office buildings throughout Westchester. When temperatures fall below 32°F, that runoff refreezes into dangerous ice.

The next morning, or even later that evening, people walk across it without realizing the danger from the melting and re-freezing.

The Illusion of Safety

Unlike fresh snowfall, pedestrians may not be aware that nearby snow has melted and re-frozen on the sidewalk or parking lot. A sidewalk outside a business may look completely dry at 3:00 PM and become dangerously slick by 7:00 PM. Pedestrians walk normally. The result can be devastating.

We frequently see severe injuries from these falls, including:

Hip fractures
Traumatic brain injuries (TBIs)
Wrist and shoulder fractures
Spinal injuries

For older adults in White Plains and surrounding Hudson Valley communities, a single fall can mean surgery, rehabilitation, and long-term complications.

Poor Drainage and Property Maintenance

Many melt-and-freeze accidents stem from preventable maintenance failures, including:

Clogged gutters and downspouts
Improperly graded pavement
Leaking pipes
Snow piled where it predictably melts onto walkways
Failure to salt or sand known runoff zones

Debunking the “Storm in Progress” Defense

Insurance companies often argue that property owners aren’t responsible during an ongoing snowstorm. That legal concept is known as the “storm in progress” defense.

But melt-and-re-freeze cases are different.

In many Westchester County slip and fall claims, the original storm ended days earlier. The ice formed because snow was left unmanaged and untreated. When a property owner knows that snow on its property has melted and then temperatures will drop below freezing—and does nothing to address runoff areas—that can constitute negligence.

New York law requires property owners to maintain reasonably safe conditions. That includes anticipating predictable refreezing.

Proving "Notice"

To win a melt-and-freeze case, we must prove either Actual or Constructive Notice. Constructive Notice means showing that the icy condition existed for a sufficient length of time that the owner should have discovered and remedied it.

We use forensic meteorologists to map out:

The exact time temperatures fell below 32°F
When melting began
How long the icy condition likely existed

If the thermometer hit 32°F at 6:00 PM and you fell at 10:00 PM, the owner had four hours of freezing temperatures to identify the risk and spread salt.

Failure to act can be powerful evidence in a Westchester County premises liability lawsuit.

Steps to Protect Your Rights After a “Melt and Re-Freeze” Fall

If you’re injured in a melt-and-re-freeze accident, documentation is your strongest ally.

1. Take Photos Immediately
Use flash or streetlight reflection to show the sheen of ice.

2. Identify the Source
Photograph melting snow piles, leaking gutters, pooling water, or drainage issues.

3. Look for Salt or Sand
If there’s no evidence of treatment in a known runoff area, that can be critical in proving negligence.

4. Seek Medical Attention
Even if injuries seem minor, get evaluated. Head injuries and internal damage aren’t always obvious at first.

Experienced Slip and Fall Attorneys in White Plains, NY

Winter in the Hudson Valley shouldn’t leave you facing surgery, rehabilitation, or lost income because a property owner failed to act responsibly.

If you or a loved one suffered injuries in a slip and fall accident, the attorneys at Worby Vecchio Edelman understand how to investigate melt-and-re-freeze claims and challenge insurance company defenses.

Call (914) 686-3700 or visit our contact page to contact our office today for a free consultation. Let’s protect your rights and pursue the compensation you deserve.