Snow Removal Liability: Who’s Responsible for Injuries on Icy NJ Properties?

Winter storms can transform New Jersey into a winter wonderland, but they also bring hazardous conditions for pedestrians. Slip-and-fall accidents on icy or snowy sidewalks can lead to severe injuries and complex legal questions. Who is responsible for ensuring sidewalks and driveways are safe? This blog explores snow removal liability in New Jersey, the laws governing it, and why you should seek legal help if you’ve suffered an injury.

Understanding Snow Removal Laws in New Jersey

New Jersey does not have a statewide law mandating snow and ice removal from sidewalks. Instead, snow removal responsibilities are governed by local municipal ordinances, which vary widely across towns and cities. For example, some municipalities require property owners to clear sidewalks within a specific timeframe, typically ranging from four to 24 hours after a snowfall ends.

Failure to comply with these local ordinances may result in fines. However, the bigger concern for property owners is civil liability. If someone is injured on an icy or snow-covered sidewalk, they may have grounds to file a lawsuit if the property owner failed to meet their legal obligations under local laws.

Who’s Responsible for Snow and Ice Removal?

Liability for snow and ice accidents depends on the property type and the responsible party. Here’s a breakdown:

Residential Property Owners

In New Jersey, single-family homeowners are generally not required to remove naturally accumulating snow and ice from their sidewalks or driveways. They are also not obligated to post warning signs for hazardous conditions. Consequently, they are usually not liable for injuries caused by natural accumulations of snow and ice on their property.

However, there are exceptions. Homeowners may face liability if they take actions (or fail to take actions) that worsen natural conditions and increase the risk of injury. For instance:

Redirecting water runoff that freezes into black ice.
Neglecting a hazard they created, such as failing to properly clear snow from a sidewalk after attempting to do so poorly.

Local ordinances may still impose snow removal requirements, especially in densely populated towns like Red Bank or Asbury Park. It’s crucial to understand your municipality’s specific rules.

Commercial and Rental Properties

Owners and managers of commercial properties, including stores, malls, office buildings, apartment complexes, and hotels, have a legal duty to ensure that their premises are safe for visitors. This responsibility includes:

Removing snow and ice promptly through shoveling, plowing, salting, or sanding.
Posting warning signs in areas where icy conditions persist.

If a commercial property owner fails to address snow and ice hazards, they may be held liable for injuries sustained in a slip-and-fall accident. In rental properties, liability often depends on the lease agreement, which may assign responsibility for snow removal to either the landlord or tenant. Shared liability can also arise when a commercial tenant and property owner both neglect their duties.

What Injured Pedestrians Need to Prove in a Slip-and-Fall Case

To recover compensation for a slip-and-fall injury, the injured person must establish that the property owner or responsible party was negligent. In New Jersey, proving negligence involves these key elements:

A Hazardous Condition Existed: The property had dangerous conditions, such as untreated ice or snow buildup.
Knowledge of the Hazard: The property owner or responsible party knew or should have known about the condition.
Failure to Address the Condition: The property owner did not take reasonable steps to make the property safe.
Injury Resulted: You suffered an injury directly caused by the hazardous condition.
Damages: The injury resulted in financial losses, such as medical bills or lost wages.

For example, consider a commercial property owner who neglects to salt a parking lot after a snowstorm. If a customer slips on black ice and sustains a broken hip, they could argue that the property owner’s negligence caused their injury.

Comparative Negligence in New Jersey

New Jersey follows the legal principle of comparative negligence, meaning that injured pedestrians may still recover damages even if they were partially at fault for the accident. However, their compensation will be reduced by their percentage of fault. For instance:

If a pedestrian wearing inappropriate footwear is found 20% at fault, their total award will be reduced by 20%.
Pedestrians cannot recover damages if they are more than 50% at fault.

This rule underscores the importance of gathering evidence, such as photographs of the scene and eyewitness accounts, to support your claim.

Common Injuries from Snow and Ice Accidents

Snow and ice accidents can result in serious injuries, including:

Fractures and Sprains: Slips often cause broken wrists, ankles, or sprains as individuals instinctively try to catch themselves.
Head Injuries: Hitting the ground can lead to concussions or traumatic brain injuries (TBIs), which may have long-term consequences.
Back and Spinal Injuries: Falls on hard surfaces can damage the spine or cause herniated discs, leading to chronic pain.
Soft Tissue Injuries: Torn ligaments and muscle injuries can significantly impact mobility and quality of life.

If you experience any of these injuries, seek medical attention immediately. Prompt treatment not only aids recovery but also strengthens your legal case.

Proactive Measures for Property Owners to Minimize Injury Risk

To avoid potential liability, property owners and tenants should take proactive measures after a snowstorm, including:

Shovel Promptly: Remove snow as soon as the storm ends, focusing on high-traffic areas like sidewalks and driveways.
Use Ice Melt: Apply salt or de-icing products to prevent refreezing.
Inspect Regularly: Check for areas prone to black ice, such as shaded walkways or areas with water runoff.
Post Warnings: Place signs to alert visitors to slippery conditions when immediate removal isn’t feasible.

By following these steps, property owners can create safer environments and reduce the likelihood of legal claims.

What to Do After a Slip-and-Fall Accident on Icy NJ Sidewalks

If you’ve been injured in a slip-and-fall accident, take these steps to protect your rights:

Seek Medical Attention: Even if your injuries seem minor, it’s critical to get a medical evaluation. Proper documentation of your injuries is essential for any legal claim.
Document the Scene: Take clear photos or videos of the icy or snowy conditions that caused your fall. Be sure to capture any neglected areas, like untreated sidewalks or parking lots.
Identify the Property Type: Determine if the accident occurred at a single-family home, a commercial property, or a mixed-use area. Liability laws vary based on property type.
Investigate Third-Party Involvement: If a snow removal company or another third party was responsible for maintaining the property, note this information. Their negligence could impact liability.
Report the Incident: Notify the property owner, landlord, or business manager promptly. If applicable, request their snow removal records to understand whether the hazard was addressed.
Collect Evidence: If witnesses saw the accident, gather their contact details for future testimony. Their accounts can strengthen your claim.
Consult an Attorney: Contact a trusted law firm, such as Drazin & Warshaw, to understand your legal options and ensure your rights are protected.

Don’t Wait—Call Drazin & Warshaw Today for Help

If you’ve been injured in New Jersey due to icy or snowy conditions on someone else’s property, you don’t have to navigate the legal process alone. The attorneys at Drazin & Warshaw are here to guide you every step of the way, from evaluating your case to pursuing fair compensation for your injuries.

We proudly serve clients throughout Red Bank, Toms River, Asbury Park, Freehold, Long Branch, Neptune, and surrounding areas. Whether you’re dealing with medical bills, lost wages, or pain and suffering, our legal team is ready to help.

Contact us today at (732) 333-8141 or fill out our online contact form to schedule a free consultation. Don’t let a slip-and-fall accident disrupt your life—let us handle your case so you can focus on your recovery.