Each winter, New Jersey property owners face more than just the inconvenience of snow and ice—they face potential legal consequences if these hazards are not promptly and properly addressed. Slip and fall accidents caused by icy sidewalks or snowy parking lots are among the most common winter injury claims, and state law sets clear responsibilities for property owners, tenants, and municipalities when it comes to snow and ice removal. Understanding these liability laws can help both property owners and injured individuals navigate their rights and obligations.
Duty of Care for Property Owners
In New Jersey, property owners and occupants have a legal duty to maintain their premises in a reasonably safe condition. This duty includes removing snow and ice within a reasonable amount of time after a storm has ended. What is considered reasonable depends on several factors, such as the duration and intensity of the storm, the time of day, and the type of property involved. For example, a busy commercial property is expected to clear snow and ice more quickly than a private residence.
However, New Jersey courts recognize the ongoing storm rule, which states that property owners generally do not have to remove snow or ice while a storm is still in progress. They are expected to take action only after the precipitation has stopped. This means that if someone slips during a snowstorm, the property owner may not be held liable unless the condition was unreasonably dangerous or existed before the storm began.
Public vs. Private Property Responsibilities
The rules differ depending on the type of property. Private homeowners usually owe a limited duty of care to visitors, especially if the visitor is not there for business purposes. In contrast, commercial property owners—including landlords, shopping centers, and business operators—have a much higher duty to ensure that walkways, entrances, and parking lots are safe for customers and employees.
Municipalities are also responsible for maintaining public sidewalks, but in many cases, local ordinances shift the burden of snow removal to adjacent property owners. This means a homeowner or business owner could still be held liable if someone slips on the sidewalk in front of their property.
Comparative Negligence and Shared Fault
New Jersey follows a comparative negligence system. This means that if an injured person is found partially responsible for their own accident—such as wearing inappropriate footwear or ignoring visible warnings—their compensation may be reduced in proportion to their share of fault. For example, if a court finds that a victim was 20% responsible for their fall, they can still recover 80% of the damages awarded. However, if the plaintiff is found to be more than 50% at fault, they cannot recover damages at all.
Evidence and Proving Negligence
To establish liability in a snow and ice injury case, the injured party must prove that the property owner knew or should have known about the dangerous condition and failed to address it. Evidence such as surveillance footage, maintenance logs, photographs, and eyewitness statements can be critical in proving negligence. Timing is essential—if the snow or ice was present long enough for the owner to reasonably take action, failure to do so can support a liability claim.
Preventive Measures for Property Owners
To reduce the risk of accidents and lawsuits, property owners should:
- Regularly inspect sidewalks, driveways, and entrances during winter months.
- Apply salt, sand, or ice melt as soon as possible after a storm ends.
- Keep written records of snow removal efforts and contractor schedules.
- Post warning signs in slippery areas when immediate removal isn’t possible.
These proactive steps not only improve safety but also serve as strong evidence of reasonable care in the event of a legal claim.
Conclusion
Failure to remove snow and ice in New Jersey can lead to significant legal and financial consequences for property owners. The state’s liability laws are designed to balance fairness—recognizing both the unpredictability of winter storms and the importance of maintaining safe public and private spaces. For anyone injured in a slip and fall caused by snow or ice, consulting an experienced personal injury attorney can help determine whether negligence played a role and what legal options are available for compensation.