Winter in New Jersey brings snow, freezing rain, and icy sidewalks, creating hazardous conditions for pedestrians. Slip and fall accidents on ice and snow can lead to serious injuries such as broken bones, head trauma, and back injuries. If you are injured in a fall, you may wonder who is responsible for keeping the area safe and whether you can recover compensation. New Jersey law imposes specific duties on property owners when it comes to clearing ice and snow, and understanding these requirements is crucial for both victims and property owners.
Property Owners’ Duty to Remove Ice and Snow
In New Jersey, property owners have a legal duty to maintain their premises in a reasonably safe condition. This duty includes taking reasonable steps to remove snow and ice within a reasonable amount of time after a storm. The goal is to prevent hazardous accumulation that could foreseeably cause harm to pedestrians.
Commercial vs. Residential Property
Liability standards differ depending on whether the property is commercial or residential:
- Commercial Property Owners – Businesses, landlords, and property managers must take affirmative steps to clear sidewalks, parking lots, and entrances of snow and ice. They are expected to act promptly and may be held liable if they fail to do so within a reasonable timeframe.
- Residential Homeowners – The duty of residential property owners is less strict, but many towns and cities have ordinances requiring homeowners to clear sidewalks within a specific time period (often 12–24 hours after snowfall). Failure to comply may result in fines and can strengthen a liability claim if someone is injured.
The Ongoing Storm Rule
New Jersey courts generally follow the ongoing storm rule, which provides that property owners are not required to remove snow and ice while precipitation is still actively falling. They are, however, expected to clear walkways within a reasonable time after the storm ends. What is considered reasonable depends on the circumstances, including the severity of the storm, the time of day, and the resources available to the property owner.
Proving Negligence After a Fall
To recover compensation, an injured person must prove that the property owner was negligent. This typically requires showing that:
- The property owner had a duty to clear the area.
- They failed to do so within a reasonable time after the storm.
- This failure directly caused the slip and fall accident.
- The victim suffered damages, such as medical bills or lost wages.
Evidence such as photographs of the icy conditions, weather reports, witness statements, and maintenance logs can be key to proving negligence.
Comparative Negligence in New Jersey
New Jersey follows a modified comparative negligence rule. This means that if you were partly at fault—perhaps by wearing inappropriate footwear or ignoring visible hazards—your compensation may be reduced by your percentage of fault. If you are found more than 50% responsible for the accident, you cannot recover damages.
Steps to Take After a Slip and Fall
If you are injured in a slip and fall on ice or snow, you should:
- Seek medical attention right away, even for seemingly minor injuries.
- Report the incident to the property owner or manager.
- Take photos of the scene before the area is cleared.
- Gather witness information if possible.
- Contact an attorney as soon as possible to preserve evidence and meet legal deadlines.
Conclusion
Slip and fall accidents on ice and snow are common in New Jersey winters, but victims are not without recourse. Property owners have a duty to clear snow and ice within a reasonable time after a storm ends, and failure to do so can result in legal liability. Understanding the state’s clearing requirements—and acting quickly to document evidence—can make a significant difference in the outcome of a claim. Consulting an experienced premises liability attorney can help you pursue compensation for medical expenses, lost income, and pain and suffering.