Using Forensic Meteorologists and Reliable Weather Records

Using Forensic Meteorologists and Reliable Weather Records to “Get the Weather Right” on Slip and Fall Lawsuits

After several years of quieter winter weather in the northeastern U.S., this past winter of 2025-2026 saw a return to power winter storms and a blizzard. Some of the most common types of weather-related accidents in New York are slip and falls on snow and/or ice, on interior wet floors, and motor vehicle accidents. When lawsuits are filed, or even beforehand, it’s important for attorneys to have accurate and reliable weather information to help determine fact patterns, if there’s potential liability, and whether to settle or defend a lawsuit. Some internet sources of weather information are inaccurate, and traditional weather records are often interpreted incorrectly. We’ll discuss the role of a Forensic Meteorologist in weather-related lawsuits and review how site-specific meteorological analyses, reports and affidavits can help make or break a case.  This session will show how to interpret the weather records correctly and common mistakes that occur when meteorologists are not involved. Attendees will learn how to identify weather conditions that lead to melting and refreezing processes and how to determine if snow or ice was new or pre-existing. New York State courts have stated in Motion for Summary Judgement decisions that using Forensic Meteorologists to provide site-specific weather information is especially persuasive to the outcome of a case. We’ll also review the “Storm in Progress” doctrine, New York City municipal code, and recent court decisions granting and denying Motions for Summary Judgement. 

Speakers

Howard Altschule

CEO, Certified Consulting Meteorologist

Forensic Weather Consultants, LLC

Guilderland, New York 

Robert A. Miklos, Esq.

Silberstein and Miklos, P.C.

Bronx, New York